Study On Creative Standard In The Authorization Of Design Patent

This paper takes the design patent protection as the topic. The author get clear to this patent object through investigating the creation disciplinarian and the essence attribute of the industrial design, through comparatively analyzing various countries industrial design protected mode and the industrial design patent authorization standard, specially the creative standard in the authorization. After analyzing the protection of industrial design patent in our country, the author dissertate the necessity of the introduction of creativity authorization standard, and the new round of the amendment to industrial design patent protection in our country.This article is divided into five parts to carry on the discussion :The first part is the outline of industrial design. In this part, the author compare the definition and the stipulation of different countries and different international organization, introduce the history and the function of the industrial design, and analyze legal foundation and the intention of the industrial design in the theory.The second part talks about the industrial design protection system in other countries, mainly introduces the protection mode and the revision tendency in each developed country, analyzes our country's protection mode comparatively, and analyzes the use for reference to the industrial design protection in our country.The third part discusses the design patent authorization standard, introduces the concept and the function of the design patent authorizing standard, sums up the different stipulation in other countries. This part is focus on the concept and characteristic of the creativity ,and the difference between creativity and novelty,the difference of the creativity in industrial design and the creativity in invention and utility model.The fourth part is about the legal and economic analysis of the introduction of creative authorization standard .The author discourse upon the necessity of the introduction of creative authorization standard in aspect of the need of confirming right object, its creation disciplinarian, its cultural connotation and the consumer's psychology. This part also discusses China's status quo of design patent to approve the introduction of the creative standard.The fifth part mainly discusses the application of the creative standard in the authorization. The author describe the new round of the amendment to industrial design patent protection in our country at the theoretical level. This part also touches upon some hot issues closely related to the creativity standards, for example the set design and portion design. The introduction of creative standard will play an important influence to the infringement judgment of the industrial design. Finally, after the introduction of the creative standard, this part point out that the current censor system in our country also needs improvement.