Part I Chapter 3

4.2 Drawings or Photographs

Article 59.2 provides that, the scope of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs. The brief explanation may be used to interpret the design of the product as shown in the drawings or photographs. Article 27.2 provides that, the relevant drawings or photographs submitted by applicant shall clearly show the design of the product for which patent protection is sought.
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So far as the product with plane design is concerned, if the essential features of the design of the product involve the view of one side only, the applicant may submit the orthographic projection view of the relevant side only; if the essential features of the design of the product involve the view of two sides, the applicant shall submit the orthographic projection views of the two relevant sides.















The applicant shall also submit, if necessary, the exploded view, cutaway view, sectional view, enlarged view and view of state of variation.
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4.3 Brief Explanation

Article 59. 2 provides that, the scope of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs. The brief explanation may be used to interpret the design of the product as shown in the drawings or photographs.
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(6) where the design products are products in set, the names of the items in the set shall be indicated if necessary.










The brief explanation shall contain no language of commercial advertisement, and shall not be used to show the function of the product.

7.2 Shape, Pattern, or Their Combination, Combination of Colour with Shape and/or Pattern

What constitute a design are the design elements or their combination of a product, including the shape, the pattern or their combination and the combination of the colour with shape or pattern. The colour of a product alone cannot constitute a design unless the change of the colour of a product constitutes a pattern. The combinations that may constitute a design include: the shape of a product; the pattern of a product; the shape and pattern of a product; the shape and colour of a product; the pattern and colour of a product; the shape, pattern and colour of a product.
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"Pattern" refers to the figure constituted on the surface of the product by means of the arrangement or combination of the line, character, symbol or colour piece. Pattern may be created by drawing or other means which is able to embody the designing conception of the creator. The pattern of a product shall be permanent and visible, and not flickering or visible only under specific conditions.
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7.4 Nonpatentable Situations for Design for Patent

According to Article 2. 4, the following situations are ineligible for patent protection for design:
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(10) the pronunciations or meanings of the words and numerals shall not be the contents of design protection.

(11) the pattern shown when the product is electrified, such as the pattern on an electronic watch dial, the pattern on the screen of a mobile phone, software interface, and so on.






 

Part IV Chapter 5

6.1 Comparison with the Prior Design of the Product of the Same or Approximate Category

If a normal consumer finds that the difference between the patent concerned and the prior design does not notably influence the overall visual effect of the product through a comprehensive observation on them, then the patent concerned is not significantly different from the prior design. Judgment on notable influence limits to designs of the product of the same or approximate category.

Generally, in determining whether there is significant difference between the patent concerned and the prior design of the product of the same or approximate category, the following factors shall be further considered comprehensively:
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It should be noted that the design designated by the essential features of the design in the brief explanation does not necessarily have a notable influence on the overall visual effect, and it does not necessarily result in the significant difference between the patent concerned and the prior design. For example, as to the auto design, the brief explanation points out that the essential features of the design lie in the bottom side of the auto, however the design of the bottom side does not have a notable influence on the overall visual effect of the auto.

As to the judgment on notable influence, section 5.2 of this chapter shall apply.
 

Part I Chapter 3

4.2 Drawings or Photographs

Article 59.2 provides that, the scope of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs. The brief explanation may be used to interpret the design of the product as shown in the drawings or photographs. Article 27.2 provides that, the relevant drawings or photographs submitted by applicant shall clearly show the design of the product for which patent protection is sought.
……

So far as the product with plane design is concerned, if the essential features of the design of the product involve the view of one side only, the applicant may submit the orthographic projection view of the relevant side only; if the essential features of the design of the product involve the view of two sides, the applicant shall submit the orthographic projection views of the two relevant sides.

(NEWLY ADDED) So far as the product including a graphical user interface is concerned, views submitted shall include the view of the whole product showing the position of the graphical user interface. If the graphical user interface is dynamic patterns, the applicant shall at least submit the view of the whole product mentioned above in one state, and may submit views of key frames in other states only, the views submitted shall be able to determine uniquely the variation trend of the animation of the dynamic patterns.

The applicant shall also submit, if necessary, the exploded view, cutaway view, sectional view, enlarged view and view of state of variation.
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4.3 Brief Explanation

Article 59. 2 provides that, the scope of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs. The brief explanation may be used to interpret the design of the product as shown in the drawings or photographs.
……

(6) where the design products are products in set, the names of the items in the set shall be indicated if necessary.

(NEWLY ADDED) (7) As to the application for design for the product including a graphical user interface, the use of the graphical user interface shall be indicated, and explanations about the graphical user interface, such as the position of the graphical user interface in the product, interaction mode, variation states, etc., shall be provided if necessary.

The brief explanation shall contain no language of commercial advertisement, and shall not be used to show the function of the product.

7.2 Shape, Pattern, or Their Combination, Combination of Colour with Shape and/or Pattern

What constitute a design are the design elements or their combination of a product, including the shape, the pattern or their combination and the combination of the colour with shape or pattern. The colour of a product alone cannot constitute a design unless the change of the colour of a product constitutes a pattern. The combinations that may constitute a design include: the shape of a product; the pattern of a product; the shape and pattern of a product; the shape and colour of a product; the pattern and colour of a product; the shape, pattern and colour of a product.
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"Pattern" refers to the figure constituted on the surface of the product by means of the arrangement or combination of the line, character, symbol or colour piece. Pattern may be created by drawing or other means which is able to embody the designing conception of the creator. (CONTENTS IN RED COLOR DELETED)
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7.4 Nonpatentable Situations for Design for Patent

According to Article 2. 4, the following situations are ineligible for patent protection for design:
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(10) the pronunciations or meanings of the words and numerals shall not be the contents of design protection.

(AMENDED) (11) Patterns shown by the display of the product, which are irrelevant to the human-machine interaction or to the function of the product, such as wallpaper, picture for an electronic screen during startup and shutdown of the product that are irrelevant to human-machine interaction and the function of the product; game interface, graphics and text layout of the website that are irrelevant to the function of the product.
 

Part IV Chapter 5

6.1 Comparison with the Prior Design of the Product of the Same or Approximate Category

If a normal consumer finds that the difference between the patent concerned and the prior design does not notably influence the overall visual effect of the product through a comprehensive observation on them, then the patent concerned is not significantly different from the prior design. Judgment on notable influence limits to designs of the product of the same or approximate category.

Generally, in determining whether there is significant difference between the patent concerned and the prior design of the product of the same or approximate category, the following factors shall be further considered comprehensively:
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(NEWLY ADDED)(5) As to the design of the product including graphical user interface, if designs in the other parts of the patent concerned are conventional designs, the graphical user interface of the product has more notable influence on the overall visual effect.

It should be noted that the design designated by the essential features of the design in the brief explanation does not necessarily have a notable influence on the overall visual effect, and it does not necessarily result in the significant difference between the patent concerned and the prior design. For example, as to the auto design, the brief explanation points out that the essential features of the design lie in the bottom side of the auto, however the design of the bottom side does not have a notable influence on the overall visual effect of the auto.

As to the judgment on notable influence, section 5.2 of this chapter shall apply.