Các đặc tính của kiểu dáng công nghiệp

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Tính mới của kiểu dáng công nghiệp

 Kiểu dáng công nghiệp phải khác biệt đáng kể với các kiểu dáng đã công khai dưới bất kỳ hình thức nào ở cả trong và ngoài nước trước ngày nộp đơn hoặc ngày ưu tiên nếu đơn đăng ký kiểu dáng công nghiệp được hưởng quyền ưu tiên.

Tính mới của kiểu dáng công nghiệp được đánh giá như sau:

Không tìm thấy đối chứng trong nguồn thông tin tối thiểu bắt buộc

Kiểu dáng cần đăng ký có ít nhất một đặc điểm tạo dáng cơ bản không thuộc tập hợp các đặc điểm cơ bản của đối chứng

Đối chứng chưa được công nhận hoàn toàn tính công khai do các lý do được pháp luật qui định

Tính sáng tạo của kiểu dáng công nghiệp

Tính sáng tạo của kiểu dáng công nghiệp đánh giá mức độ tư duy, công sức của nhà sản xuất so với các nhà sản xuất sản phẩm cùng loại khác. Theo đó, nếu chỉ dựa vào các đặc điểm của sản phẩm đã công bố trước và tìm cách mô phỏng, biến đổi đơn giản, sao chép thì kiểu dáng đó được coi là không đảm bảo tính sáng tạo.

Kiểu dáng công nghiệp có đặc điểm tạo dáng cơ bản và không cơ bản.

Đặc điểm tạo dáng cơ bản là đặc điểm tạo dáng dễ dàng nhận biết, ghi nhớ và giúp nhận dạng và phân biệt với các kiểu dáng khác cho các sản phẩm cùng loại.

Đặc điểm tạo dáng không cơ bản là các đặc điểm không đáp ứng các điều kiện trên.

Cả tính mới và tính sáng tạo của kiểu dáng công nghiệp đểu được đánh giá dựa trên sự so sánh các đặc điểm tạo dáng cơ bản.

Khả năng áp dụng công nghiệp của kiểu dáng công nghiệp

Khả năng áp dụng đánh giá mức độ có thể chế tạo của kiểu dáng công nghiệp. Nếu một người có hiểu biết trung bình về lĩnh vực tương ứng có thể dùng kiểu dáng công nghiệp đó làm mẫu để chế tạo bằng phương pháp công nghiệp hoặc thủ công nghiệp sản phẩm có hình dáng bên ngoài trùng khớp thì kiểu dáng đó được coi là có khả năng áp dụng công nghiệp.

Tất cả các yếu tố nêu trên đều được Cục sở hữu trí tuệ đánh giá trong quá trình thẩm định đơn đăng ký kiểu dáng công nghiệp. Vì vậy, việc tra cứu kiểu dáng công nghiệp trước khi đăng ký là rất cần thiết.

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