7? 4. Where the patent right for design is not granted.
According to the fourth paragraph of Article 2 of the Patent Law, the design patent right shall not be granted under the following circumstances:
(1) Fixed buildings, bridges, etc. This cannot be repeated according to specific geographical conditions. For example, a landscape villa including a specific landscape.
(2) Products whose shapes, patterns and colors are not fixed because they contain gas, liquid, powder and other substances with no fixed shapes.
(3) Partial design of products that cannot be divided or sold separately and used separately, such as socks heels, brim, cup handles, etc.
(4) For a product composed of multiple parts with different specific shapes or patterns, if the parts themselves cannot be sold and used separately, then the parts are not the object of design patent protection. For example, a set of jigsaw puzzles composed of different shapes of plugs only belongs to the object of design patent protection when all the plugs are regarded as an application for design.
(5) Articles whose shapes, patterns and colors can only be identified with the help of special tools, which cannot be judged visually or with naked eyes. For example, its pattern is a product that can only be revealed under the irradiation of ultraviolet light.
(6) The design to be protected is not the conventional form of the product itself, such as the design of tying a handkerchief into an animal form.
(7) The design based on the original shape, pattern and color of natural objects usually refers to two situations, one is the natural object itself; One is the simulation design of natural objects.
(8) Works in the fields of art, calligraphy and photography.
(9) An appearance design consisting only of geometric shapes and patterns that are common in the field to which the product belongs.
(10) The pronunciation and meaning of words and numbers are not protected by design.
(1 1) The pattern displayed after the product is powered on. For example, the pattern displayed on the dial of an electronic watch, the pattern displayed on the display screen of a mobile phone, the software interface, etc.
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