问题 单项选择题

下列各项整体包装出售的产品中,哪些属于可以在一件外观设计专利申请中合案申请的成套产品?()

A.麻将牌

B.玻璃制茶水杯、茶水壶、烟灰缸

C.咖啡壶、咖啡杯、牛奶壶、糖罐

D.积木玩具

答案

参考答案:C

解析:

外观设计的成套产品

根据《专利法》第31条第2款和《专利法实施细则》第35条第2款的规定,以及《专利审查指南2010》1-3-9.2“成套产品的外观设计”中的规定:“专利法实施细则第三十五条第二款规定,用于同一类别并且成套出售或者使用的产品并且具有相同设计构思的两项以上外观设计,可以作为一件申请提出。成套产品是指由两件以上(含两件)属于同一大类、各自独立的产品组成,各产品的设计构思相同,其中每一件产品具有独立的使用价值,而各件产品组合在一起又能体现出其组合使用价值的产品,例如由咖啡杯、咖啡壶、牛奶壶和糖罐组成的咖啡器具。”

A.D.麻将牌或积木玩具属于由数件物品组合为一体的产品,其中每一件单独的构成部分没有独立的使用价值,应当视为一件产品,只能作为一件申请提出,不属于成套产品。故选项A、D错误。

B.玻璃制茶水杯、茶水壶属于属于《国际外观设计分类表》中07大类“其他类未列入的家用品”中的第01小类,烟灰缸属于《国际外观设计分类表》中27大类“烟草和吸烟用具”中的第03小类。由于其不属于同一大类,所以不能作为成套产品。故选项B错误。

C.选项C中的咖啡壶、咖啡杯、牛奶壶、糖罐同属于《国际外观设计分类表》中07大类“其他类未列入的家用品”中的第01小类,并且习惯上同时出售或者同时使用。故选项C正确。

阅读理解
阅读理解。
     A new study suggests that the more teenagers watch television, the more likely they are to develop
depression (抑郁症) as young adults.
     The researchers used a national long-term survey of healthy young teenagers of about 13-16 to find
out the relationship between media (媒体) use and depression. They based their findings on more than
4000 young teenagers who were not depressed when the survey began in 1995.
    As part of the survey, the young people were asked how many hours of television or videos they
watched daily. They were also asked how often they played computer games and listened to the radio.
Here was the result. The young people spent five and a half hours a day using media and more than 2
hours of that was spent watching TV.
    Seven years later, in 2001, more than 7% of the young people had signs of depression. The average
age at that time was 21. Brian Primack at the University of Pittsburgh medical school was the lead author
of the new study. He says every extra hour of television meant an 8% increase in the chances of developing
signs of depression.
     The researchers say they did not find any such relationship with the use of other media such as movies,
video games or radio. But the study did find that young men were more likely than young women to develop
depression given the same amount of media use.
     Doctor Primack says the study did not find out if watching TV causes depression directly. But one
possibility, he says, is that it may take time away from activities that could help prevent depression, like
sports and social activities. It might also prevent a person from sleeping well, he says, and that could have
an influence.
     The study was just published in the Archives of General Psychiatry.
     In December, the journal Social Indicators Research published a study of activities that help lead to happy
lives. Researchers from the University of Maryland found that people who describe themselves as happy
spend less time watching television than unhappy people. The study found that happy people are more likely
to be socially active, to read, attend social services and to vote.
Process of the studyDetails
The purpose of the research To find out 1_______ between media
use and depression.
At the beginning of the research2_______ was made among over 4000 young
people who were not depressed.
The result of the survey These young people spent five and a half hours a
day in using media and they spent over 2 hours or
that 3_______
Seven years laterResearchers found 7% of the young people had a
sign of depression. Every extra hour of watching TV
meant an 8% increase in the chances of developing signs
of depression.
Results of the study1. Watching TV might have 4_______ and it may take time
     away fromactivities and sports.
2. Young men get more chance than young women
    to develop depression.
3. The reason some people get depression is that 5_______
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