NEWS

Types of patents that are easily overlooked- Design Patent

Release time:

2021-09-26 14:40

Types of patents that are easily overlooked- Design Patent

In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on inventionpatent and utility model patent, and tend to ignore the protection of designpatent.

Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan.

In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for?

Design patent definition:

Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern.

Protected range:

The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product.

Protection period:

The term of protection for design patent rights is 15 years, calculated from the date of filing.

What are the conditions for applying for a design patent?

  1. The design should be aesthetically pleasing
  2. Appearance patents should be suitable for industrial applications
  3. The design patent application should be novel
  4. The design patent application should be inventiveness

What are the advantages and functions of design patents?

  1. Protect the rights and interests of enterprises in product designs and fight against infringements in market competition.
  2. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness.
  3. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products.
  4. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.

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