1. Definition of component products
A component product refers to a single product combined by a number of components, which is divided into a combined product needless of assembly, an assembled product with only one option of assembly, or an assembled product with more than one option of assembly.
For the assembled product with only one option of assembly, such as a car consists of a body, wheels, lights and the like, the components thereof can only be assembled in one fixed manner to form a complete product. The combined product needless of assembly includes, for example, poker cards, chess pieces and the like. For the assembled product with more than one option of assembly, each component thereof must be used in combination with other components, and the components can be combined in different manners, such as jigsaw puzzle.
2. Requirement for the drawings
For the assembled product with only one option of assembly, drawings showing the combined state of the product shall be submitted. For the combined product needless of assembly or the assembled product with more than one option of assembly, drawings showing each component shall be submitted, and Arabic numerals shall be marked before the titles of the views of each component with the word “component” placed before the numerals.
3. The protection scope of designs of component products
For the assembled product with only one option of assembly, the protection scope shall be determined by the overall design of the product in the combined state, and the design of each component cannot be protected.
For the combined product needless of assembly or the assembled product with more than one option of assembly, the protection scope is determined by the design of each of all the individual components.
4. Infringement judgment for designs of component products
For the assembled product with only one option of assembly, the judgment shall be made based on the overall appearance of the component product in the combined state, rather than the appearance of each individual component. If the design of the accused product is the same as or substantially the same as the overall design of the assembled product of the patent involved, it shall be determined that the accused design falls within the protection scope of the patent involved, and infringes on the patent right.
For the combined product needless of assembly or the assembled product with more than one option of assembly, if the accused design is the same as or substantially the same as the design of all the individual components of the patent involved, it shall be determined that the accused design falls within the protection scope of the patent, and infringes on the patent right. If the accused design lacks the design of some individual components or the accused design is neither the same as nor substantially the same as the design of some individual components, it shall be determined that the accused design does not fall within the protection scope of the patent, unless the design of these individual components belongs to minor changes with respect to the overall design of all the individual components.
5. Difference between a component product and a set of products
A set of products consists of more than two products independent from each other. The products in the set of products shall belong to the same class as defined in the International Classification for Industrial Designs. In contrast, the components of the component product have no such requirement of the classification.
The products in the set of products shall be customarily sold or used in set, and have the same design concept. There is no such requirement for the components of the component product. of these individual components belongs to minor changes with respect to the overall design of all the individual components.
