What are the essential conditions for obtaining patent right for design

As we all know, invention, utility model and design can be patented, and patent application can better protect their legitimate rights and interests.

1、 The conditions for applying for a design patent include:

1. Novelty. The applied patent is unprecedented in the prior art, and has never been published or used publicly.

2. Creativity, this technology is superior to the existing technology and more advanced.

3. The invention can be put into practical use and create practical value.

2、 Those who obtain design patents shall meet the following four conditions:

1. Must have novelty novelty is the basic condition for a design to obtain a patent, that is, a patented design must be unprecedented. According to the Patent Law of China, the time standard for novelty judgment is based on the date of patent application; The regional standards and publications shall be published in accordance with the world standards, and the domestic standards shall be adopted.

2. Many countries regard the originality of a design as a condition for granting a patent right. Originality mainly means that the design for which the patent right has been granted should have obvious features or be not similar to the existing design. To judge whether two designs are similar, two products of the same kind using the design should be compared to see whether they are similar on the whole. No patent right can be granted for similar designs.

3. Should be rich in aesthetic feeling The provisions of whether to have aesthetic feeling as the grant of design patents are different in countries around the world. The United States and the United Kingdom do not regard aesthetic feeling as a condition for granting design patents. Germany, Japan and other countries regard its person as a condition for whether to grant a design patent. The detailed rules for the implementation of the Patent Law of China stipulate that designs should be aesthetically pleasing.

4. It should be suitable for industrial application Since the purpose of design patent is to promote the exchange of goods and economic development, the design granted must be suitable for industrial application, that is, the design can be placed above the product in the way of industrial production.

The substantive conditions for an invention or utility model to be patented are novelty, inventiveness and practicality. Patent right, referred to as "patent", is the exclusive right of the invention creator or his right transferee to exploit a specific invention creation within a certain period of time according to law. It is a substantive condition for intellectual property rights to obtain patent rights for design. Inventions, utility models, and designs can all be patented, and patent application can better protect their legitimate rights and interests.