How to Apply for Design Patents for Multi-component Products from Component Products and Kit Products

In the process of appearance patent application, products composed of multiple components are often involved, which involves the problem of complete sets of products and component products in product design. Then, when products with multiple components are properly protected, how should patent applications be made?

1. Component Products

1. Definition of component products

In2010Edition of the Patent Examination Guide, No.5.2.5The judgment of a component product is given in section: a component product is a product that consists of a combination of multiple components.

2. Application for classification of component products

Component products can be divided into components with unique assembly relationship, components with non-unique assembly relationship and components without assembly relationship according to their combination mode. How do you need to apply for appearance patent protection for these three types of component products?

(1) assembly relationship unique component products

For example, by the kettle1 and heating base 2 composed of electric kettle components products, in the purchase and use of such products, the general consumer will be the combination of the components of the electric kettle after the overall design of the impression; by the juice cup, shaved ice cup and the base of the juice shaver, when the purchase and use of such products, generally, consumers will be impressed by the overall appearance design of the juicer after the juice extraction cup is combined with the base, and the ice shaving machine after the ice shaving cup is combined with the base.

Therefore, when a component product with a unique assembly relationship is applied for an appearance patent, it should be carried out with the overall appearance design in the above-mentioned combined state.

(2) assembly relationship is not unique component products

For example, plug-in component toy products, in the process of purchasing and plugging such products, the average consumer will be individual components ofAppearance to leave an impression.

Therefore, the appearance of all individual components of the plug assembly should be the object.Application.

(3)Component products without assembly relationship

For example, poker, chess pieces and other component products, in the purchase and use of such products, the average consumer will be impressed by the appearance of individual components..

Therefore, should be targeted at the appearance of all individual components.Application.

2. Suite Products

1Definition of Suite Products

The second paragraph of Article 35 of the Regulations on the Implementation of the Patent Law stipulates that a complete set of products refers to two or more(including two) belong to the same category, eachIndependent product composition, the design concept of each product is the same, in which each product has an independent use value, and each product combination can reflect its combined use value of the product.

For example, a tableware kit consisting of a bowl, a plate, and a spoon, a coffee appliance consisting of a coffee cup and a coffee pot, etc. Here, it is necessary to distinguish the difference between kit products and suit, for example, schoolbags and pencil cases. Although pencil cases are given away when selling schoolbags, this should not be considered as customary sales at the same time and cannot be applied as complete sets of products.

2Patent application for kit products

Article 31, paragraph 2, of the Patent Law stipulates that an application for a design patent shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products belonging to the same category and sold or used in sets, shall be filed as one application.

3, the three elements of the kit product analysis.

The kit product needs to meet three conditions at the same time, that is, each product of the kit product should belong to the same category, be sold or used at the same time, and the concept of each product is the same.

(1) The same category

According to the provisions of Article 31, paragraph 2, of the Patent Law and Article 35, paragraph 2, of the Implementing Regulations of the Patent Law, two or more(including two) design can be used as aOne of the conditions for the application is that the products of the two or more designs belong to the same category, that is, the products of the two or more designs belong to the same category in the International Classification of Designs.

(2) sold or used in complete sets

The sale or use of complete sets mentioned in Article 35, paragraph 2 of the Implementing Regulations of the Patent Law refers to the customary simultaneous sale or simultaneous use and combined use.

Simultaneous sale,It refers to the design products that are customarily sold at the same time, such as multi-kit bedding consisting of bedspreads, sheets and pillowcases. Products sold for promotional purposes, such as school bags and pencil cases, should not be considered to be customarily sold at the same time and cannot be applied for as complete sets.

Simultaneous use refers to the use of products at the same time, that is, when using one of the products, there will be a use association, so as to think of the existence of another or several products, rather than using these products at the same time. For example, coffee cups, coffee pots, sugar cans, milk jugs, etc. in coffee appliances.

(3)The same design concept means that the design style of each product is unified, that is, the design made by the combination of the shape, pattern or its combination of color, shape and pattern of each product is unified. For example, the design on the coffee pot takes orchid pattern as the design theme, while the design pattern on the coffee cup is panda. Due to the different design themes selected by the pattern, it is considered that the pattern is not unified and does not conform to the principle of unity and harmony, so it cannot be applied as a complete set of products.

A patent application for a complete product design shall not contain a similar design of one or more products. For example, an application for a patent for the design of a complete product containing a meal cup and dish should no longer include more than two of the cups and dishes.SimilarAppearance design.

Comparison of 3. component products and suite products

For a patent obtained for a complete set of products, the scope of protection consists of the overall design of the complete set of products and the individual design of each product, that is to say, the complete set of products not only protects the appearance of each product, but also protects the overall appearance. Therefore, in the infringement determination, if the product involved is the same as the kit product as a whole, it will be deemed as infringement, and if the design of the product involved is only the same as a product in the kit product, it will also be deemed as infringement. That is, each product of the kit product is able to claim its own rights individually.

For component products, the component product is essentially a product, so the scope of protection of the component product is the overall design of the component product. Therefore, in the determination of infringement, only when the overall appearance of the product involved is the same as that of the component product will it be deemed as infringement. If the product involved is only the same as the design of one component of the component product, it will not be deemed as infringement.

For the same product, the scope of protection obtained by applying for an appearance patent in the form of a complete set of products is larger than that obtained by applying for a component product, and the appearance patent rights obtained are more stable. Therefore, for enterprises, when multi-component products meet the requirements of both component products and kit products, priority can be given to applying for patents in the form of kit products in order to obtain a larger scope of protection and facilitate subsequent infringement determinations.