We all know that China allows multiple designs in the same design patent application, which mainly include the following three types: 1) similar designs of the same product, 2) designs of the products in set and 3) designs of the combination product. This article will introduce in detail what are products in set and the related requirements of designs of the products in set.

1. Definition of products in set and conditions for combination application

1) Definition of products in set

Products in set means that two or more products belonging to the same class, but independent from each other. The design concepts for the products are the same. Each product has its own independent value of use while the combination of them reflects collective value of use, for example, a coffee set consisting of coffee cup, coffee pot, milk pot and sugar pot.

2) Application conditions for the designs of products in set

According to Rule 35.2, products which belong to the same class and are customarily sold or used at the same time, and the designs of which have the same concept of design, may be filed in one application.

Specifically, the following three conditions need to be met:

A. These products belong to the same class

Said two or more designs are incorporated in products belonging to the same class, that is, the products belonging to the same class in the International Classification for Industrial Designs.

B. These products are are customarily sold or used at the same time and have collective value of use

a) "Being sold at the same time" means that the products incorporating the designs are customarily sold at the same time (not mandatory), such as the multiple-piece bedding consisting of bedspread, sheet, pillow case and the like. The products which are sold together for the purpose of promotion cannot be filed as a set of products, such as a schoolbag and a pencil box. Although a pencil box will be given as a gift when a schoolbag is sold, they cannot be regarded as having been customarily sold together at the same time and they cannot be filed as a set of products.

b) "Used at the same time" means that the products are customarily used at the same time. Namely, when people use one product of the set, they often associate it with the existence of other products of the set. However, it does not necessarily mean use of the products of the set at the same moment, such as the case with coffee cup, coffee pot, sugar pot and milk pot of the coffee utensils.

c) "Collective value of use” means that multiple products can be used not only individually, but also in combination. Multiple product combinations can be for close functional relationship, cultural and custom requirements, or decorative needs, such as a complete set of teapots and cups, the teapot and cup can be used alone or in combination.

C. Various products having same design concept

"Same concept of design" refers to the unity of the style of design of each product. That means the design of the shape, pattern or their combination, or the combination of the color with shape or pattern of each product is unified.

The unity of the shape means that each component product is characterized by a specific molding, or the combination relation between the component products is constituted on the basis of a specific molding. Under such circumstances, the products shall be regarded as being in conformity with the unity of the shape.

The unity of the pattern means that the design of the pattern and its subject matter, composition, form of expression, and so on, of each product shall be unified. If one aspect of them is different, the pattern of the products shall be regarded as not unified. For example, where the subject matter of the design of the coffee pot is orchid, while the subject matter of the design of the coffee cup is a panda, since the selected subject matters of design are different, the patterns are not unified, the principle of unity and coordination is not complied with, and hence, they cannot be filed in one application.

The unity of the color cannot be considered alone. It must be considered comprehensively with the shape and pattern of each product. Where the shape, pattern of each product complies respectively with the principle of unity and coordination, if the statement of "seeking protection of color" is not made in the brief explanation, the design concepts are the same; if the statement of "seeking concurrent protection of color" is made in the brief explanation, and the style of the color of the products is unified, the design concepts are the same; if the color of each component product is quite different and the harmony of the entirety is damaged, the designs shall not be filed in one application.

For example, the design elements of the teapot and teacup below are all traditional Chinese painting flowers and praying mantis, which belong to the same design concept.

2. Products in set shall not include similar designs

Another thing to note is that design patent application of products in set shall not include similar designs of one or more products. For example, a design patent application of products in set including dinner cup and saucer shall not involve two or more similar designs related to said cup and saucer.

If there is a product that can be used as " products in set " or as "similar designs", in this case, the applicant can choose one way to file application.

3. Validity and infringement judgment standard of designs of the products in set

1) Each design shall respectively comply with the requirements of granting, and the patent can be partially invalidated

In respect of a patent application for design in respect of a set of products, design of each product, in addition to compliance with the relevant requirements concerning combination application mentioned above, shall respectively comply with the other requirements of granting; during the examination, different comparison designs can be used to make individual comparisons with their corresponding designs. If one design of one product fails to comply with the requirements, the design of the product shall be removed, or the patent application shall not be granted a patent right.

Therefore, the design of each product in the set enjoys a separate patent right, so the patent of designs of the products in set can also be partially invalidated.

2) Design patent of the products in set needs to be sanctioned as a whole

There is only one application number for the design patent of the products in set. Therefore, when dealing with rights and other aspects, it must be sanctioned as a whole, and one term of the set cannot be licensed or transferred separately. In addition, if the owner wants to give up the patent right, he can only give up all of a patent, and cannot give up the patent right of part designs.

3) Each design in the design patent of the products in set has its own independent scope of protection and the amount of compensation for patent infringement can be calculated separately

Since the design of each product in the products in set has a separate patent right, that is, the design patent of the products in set can be regarded as a collection of several independent design patents, Therefore, as long as the alleged infringing design is identical or similar to one of the designs of the products in set, it can be judged that it falls within the protection scope of the design patent, instead of requiring that all the designs of the products in set must be identical or similar to the alleged infringing designs correspondingly.

In addition, when calculating the amount of compensation for infringement, each product can be separately requested to calculate the compensation for infringement.

4. Main difference between designs of the products in set and designs of the combination product

Since the combination product contains multiple components, especially the components of some combination products are separated, it is easy to confuse the combination product and the products in set. The main differences are introduced here in order to help applicants submit corresponding design patent applications in a more standardized manner and conduct a more comprehensive patent layout.

1) Different definitions

Products in set means that two or more products belonging to the same class, but independent from each other. The design concepts for the products are the same. Each product has its own independent value of use while the combination of them reflects collective value of use.

Combination product refers to a single product consisting of a number of components. It could be divided into assembled product with only one option of assembly（such as an electronic kettle assembly comprising a kettle and a heater）, combination product needless of assembly（such as poker cards and pieces of chess） or assembled product with more than one option of assembly（such as a plug-in units toy）.

Therefore, the product in set is essentially multiple products, while the combination product is essentially only one product.

2) Different application requirements

In respect of the product in set, Arabic numerals shall be marked before the titles of the views of each product with the word "item" placed before the numerals. For example, the title of the front view of the No. 4 item in the product set is "Item 4, Front View".

In respect of the assembled product with only one option of assembly, views showing the state of combination shall be submitted; in respect of the combination product needless of assembly or assembled product with more than one option of assembly, views 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. For example, the title of the left view of the No. 3 component of the combination product is "Component 3, Left View". and designs of the combination product

In addition, for the patent application of designs of the products in set, in order to obtain the patent right, design of each product shall respectively comply with the requirements of granting; but for the patent application of a combination product, it’s only required that the component products as a whole comply with the requirements of granting.

3) Different scope of protection

For the products in set, the scope of its patent protection includes not only the designs of the products in set, but also the design of each product that constitutes the products in set. For a combination product, if it is an assembled product with only one option of assembly, the overall design of the combination product is used to determine the scope of protection, and the design of the specific component is not protected. For the combination product needless of assembly or assembled product with more than one option of assembly, the protection scope shall be determined by the designs of all individual components.

Therefore, each item in products in set can claim rights separately, but each component in a combination product cannot claim rights separately, and only the combination product composed of various components can claim rights. The design of the combination product should be determined as a whole. If the accused infringing product only imitates some of the components of the combination product, it does not constitute an infringement.

Therefore, if some products can be considered as a combination product or as products in set, when filing design patent application, the protection scope of the patent of combination product is smaller than that of the products in set, but the patent right of the former is more stable.

The above briefly introduces the definition of the designs of the products in set and related precautions. We hope this will help you when considering how to file a design patent for your products in set in China.