How to submit key design points when filing for a design patent

By Lu Yi, China Sinda
0
1707
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Pursuant to article 59 of the Patent Law, the brief description of a design has an interpretive function in respect of the scope of protection of the design patent. So in what manner should it be written up in the filing process to be of the most benefit to the rights holder? This column will attempt an analysis of this, and give some recommendations.

陆弋 Lu Yi 中原信达 合伙人、专利律师 Partner, Patent Attorney China Sinda
陆弋
Lu Yi
中原信达
合伙人、专利律师
Partner, Patent Attorney
China Sinda

Invalidation procedure

Pursuant to the definition in the Patent Examination Guidelines, the term “key design points” means the shape or pattern of a product or a combination thereof, or the combination of colour and shape and/or pattern, or a part thereof, that distinguishes the patented design from existing designs. Key design points are the difference between a patented design and existing designs and reflect the innovations of the patented design.

Pursuant to article 23 of the Patent Law, to determine whether a patent may be granted for a design, it has to be examined to see whether it is innovative as compared to existing designs and for the degree of such innovativeness. Accordingly, key design points that highlight the innovation of the patented design theoretically should have an impact on the determination of whether a patent satisfies the conditions for approval. If the key design points are overly minor, the granting of a patent will be negatively affected.

However, the Patent Examination Guidelines at the same time specify that “the design indicated by the key design points in the brief description of a design need not necessarily have a marked effect on the overall visual impact of the design and need not necessarily lead to there being a marked difference between the patent in question and existing designs”.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

China_Sinda_Logo中国北京市西城区金融街19号

富凯大厦B座11层

邮编: 100033

11/F, Block B, Focus Place,19 Financial Street

Beijing 100033, China

电话 Tel: +86 10 6657 6688

传真 Fax: +86 10 6657 8088

电子信箱 E-mail:

sinda@chinasinda.com

www.chinasinda.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link