Research On Judgment Standard Of Design Patent Infringement Based On Industrial Design

The design infringement standard of design patents has always been a hotspot in the research of patent law at home and abroad.The western countries have entered the industrialization time earlier,and the research on the judgment standards of patent infringement of design patents is more in-depth,which has important reference value on the evolution and development of the judgment standards of design patents infringement in China.At present,in the trial of design patent infringement cases in China,the principle of overall observation and comprehensive judgment is mainly adopted.The criterion for design patent infringement corresponding to this principle is the revised confusion standard,that is,the content of the innovation standard is absorbed on the basis of the confusion standard.The standard has its rationality and progress,but it still has ambiguity and instability,which makes the court subjective in the trial of design patent infringement judgment cases.The judgment results of different courts in the same case are very different,lacking fairness and objectivity.At present,China’s design patent infringement judgment standards mainly have the following problems in practice: First,the restrictions on the same or similar product categories are too strict,ignoring the existence of exceptions.Second,there is an unreasonable use of "general consumers" as the subject of patent infringement of design patents.Third,the factors influencing the infringement judgment are not clear enough,and the judgment method is not clear.Fourth,the elastic space that judges the design features constitute a "significant influence" on the overall visual effect is too large to be clearly defined.The feasibility of studying the judgment of patent infringement of design in China from the perspective of industrial design lies in the close relationship between the main body of design and the subject of patent infringement of design patents;the research process of design are similar to the process of design patent infringement;design research and design patent infringement judgment is consistent in purpose.Based on China’s patent law,combined with the professional knowledge and design research methods of industrial design,and drawing on the experience of relevant developed countries and regions,the following suggestions are given to solve the problems in the judgment of China’s design patent infringement: Firstly,relax the pair add exceptions to the same or similar categories of products.Secondly,it reshapes the subject of patent infringement of design and makes a new definition of its cognitive ability and knowledge level.Thirdly,the factors determining the infringement of design patents and the specific judgment methods of each factor are clarified.Finally,with reference to the existing research results in the field of industrial design,the evaluation scale of the influence of design features on the overall visual effect is constructed,that is,the judgment evaluation scale is significantly affected,and the infringement judgment result is quantified.