Research On The Judgment Of Design Patent Infringement

Throughout the world on the protection of the patent of appearance design,mostly through specialized legislation gives special protection,and the protection of patent of appearance design in our country,it is in our country,the patent law and its relevant judicial explanation and other legal documents,together with the invention,the patent for utility model gives equal protection of intellectual property law.This paper intends to discuss the decision problem is about the patent of appearance design infringement,before understand appearance design patent infringement determination,must first to realize the object of protection by patent of appearance design,according to the patent law in China,the patent of appearance design to protect is a kind of new design,a bearing upon the realistic appearance design products of both functional and decorative and aesthetic of the new design.There are three kinds of rights stipulated in the patent law of our country.The objects or types to be protected are different for the three rights of design patent,utility model patent and invention patent.Among them,is the new design of product appearance design patent protection,the patent for utility model is the product of external or internal shape structure,or a combination of the two to have the practical value of an innovative technology solutions,a patent for invention is of certain products,certain methods of innovation or improvement of new technology plan,by contrast,patent of appearance design among the three rights are more likely to be protected.In our country for a patent for invention authorization is substantive examination,the patent of appearance design is the preliminary examination of the lower level of scrutiny some appearance design patent applicants they brought about by the new product design innovation is not strong,and higher degree of alleged infringement patent of appearance design,as a result of exterior design patent infringement dispute also increases,more on the appearance design patent infringement judgment caused some trouble.Starting from the basic theory of judging patent infringement of design,this paper analyzes the basic theory of judging steps and process of judging patent infringement of design.In contrast to the relevant systems of design patent infringement determination in other countries or regional economic organizations,such as the United States,Japan and the European Union,China is seeking for reference.To analysis current our country appearance design patent infringement judge judicial present situation,including rights still faces of difficult,high cost,long cycle,low compensation,effects,some problems,and from "probewei yu","supor electrical appliances" case,the "surplus" and laptop case exposed the infringement determination needed to resolve the main body,determine the standard fuzzy,it is necessary to reform the methods and other issues;Finally,on the basis of summarizing the previous theories and experience on the judgment of design patent infringement,I put forward my own targeted Suggestions,hoping to contribute to the improvement of China's design patent system.