What is the scope of protection of design patent right?
China has defined the scope of patent protection for inventions, utility models and designs in different ways. Invention patent refers to a new technical scheme for a product, method or its improvement, which is the intellectual achievement of human beings and is protected by law. What is the scope of protection of design patent right? Next, Bajie Intellectual Property takes you to know the relevant knowledge. First of all, the scope of protection of the design patent right is indicated in the picture or photograph. No unit or individual may copy the design, otherwise, it will constitute infringement. The so-called imitation refers not only to accurate imitation, but also to substantive imitation, that is, to imitate the novel part of design. Compare one with the other as a whole when judging. Where the design is slightly different from the patent, anyone thinks that they are similar or similar, that is, the former should be considered as infringing the patent protection of the latter. As for the method used to make imitation design products, it is not important. Second, when applying for a patent for design, the applicant is generally required to declare which kind of product the design is used on, and this patent right should be limited to the scope of its application; Using the same or similar designs on products that are not within the scope of design does not constitute infringement. In addition, there are cases that do not belong to the scope of patent protection of design: ① not imitating a design for the purpose of sales; ② Apply 2D graphic design of 2D products to 3D products, and vice versa; (3) Put a copy of the design in a book. The scope of invention patent protection is very wide. Comparatively speaking, the utility model does not protect the formula, process, method and use of the product, and does not involve the material substitution, system, part of medical devices and circuit design of the product, which can be applied for invention patent protection.