Patent Applications for Design

Industrial Design refers to the new design that is aesthetically pleasing and suitable for industrial applications, such as the shape, pattern or combination of products and the combination of color and shape and pattern. Design refers to the design of industrial products, that is, the style of industrial products.

The design patent is the object of the patent right and is the object of patent law protection. It refers to the design of the patent right granted according to law. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of the Chinese Patent Law states: “Design refers to the new design that is aesthetically pleasing and suitable for industrial applications, in combination with the shape, pattern or combination of the products and the combination of color and shape and pattern. The design patent shall meet the following requirements: 

(1) means a design of shape, pattern, color or combination thereof; 

(2) must be the design of the appearance of the product; 

(3) Must be aesthetic; 

(4) Must be suitable for industrial applications

To apply for a design patent, the patent application documents shall include: a design patent request, a picture or a photo. If you want to protect the color, you should also submit a color picture or photo in duplicate. Anyone submitting a picture shall be a picture, and any photo submitted shall be a photo, and no picture or photo may be mixed. If you need to explain the picture or photo, you should submit a brief description of the design. Where a patent agency is entrusted, a power of attorney shall be submitted. If the application fee is reduced, a request and corresponding supporting documents shall be submitted.

China has implemented a preliminary examination system for design patent applications. During the initial examination process, the examiner will issue a notice of correction regarding the formal issues in the application documents. The applicant made a correction to the notice. At the same time, the examiner will conduct a review on whether the product belongs to the design patent protection object. If there is a protection object which is not protected by the design patent, the examiner will issue an office action, and the applicant will reply to the office action or make an applicationmodify.