Research On The Differentiation Of Patent System Between Partial Design And Overall Design

With the improvement of relevant laws and regulations for patent law,and the results obtained in the development of intellectual property,the fourth revision of patent Law in China has for the first time divided the product appearance design as a whole and as a part,and confirmed the existence of the partial appearance design and the overall appearance design.However,the revision only carries on the macro division in the patent law level.A more detailed division of partial external design and overall design has not been made,and patent applicants still lack a clear understanding of partial external design and overall design,and patent examination departments and patent protection organs mechanically follow the original patent system.Although both belong to design patents,there are differences in the patent system,such as application document requirements,examination and authorization standards and protection rules,so it is necessary to divide the partial design and the overall design on the patent system level.On the one hand,it can not only provide theoretical reserve for the improvement of laws and regulations related to design in the future,but also deepen the understanding of the two through the analysis of the two,which can solve the problem that patent applicants lack of understanding of partial external design and overall design,and also provide ideas for patent examination departments and patent protection authorities to flexibly use the patent system.This will also have legal effects on the application,examination and protection of partial design patent protection and overall design patent protection.The first part of the text briefly Outlines the current appearance design system in our country.It leads to the relationship between the appearance design of partial parts and the overall appearance design.It concludes that the right protection scope of patent design in partial parts is inconsistent with relying on carrier,and the right protection scope of overall appearance design is consistent with relying on carrier.This conclusion leads to the following discussion of the differences between the two in application documents,grant criteria and tort system;In the second part,the patent application subject,patent examination subject and patent protection subject are mainly involved in the design patent system.From the perspective of the patent application subject,patent examination department and patent protection authority,the patent application subject cannot accurately distinguish the overall design from the partial design.The patent examination department did not adopt different examination standards for partial design and overall design.The patent protection authority lacked specific protection rules for partial design and overall design,and briefly summarized the problems arising from the division of partial design and overall design.The third part focuses on the differences between the bureau’s design patent system and the overall design patent system,and carries out differentiation research,because the design patent system is mainly reflected in patent application documents,examination and grant standards,infringement applicable rules,and application documents are mainly applicable to patent application subjects,examination and grant standards are mainly related to patent examination departments.The applicable rules of infringement are mainly reflected in the patent protection authorities.Therefore,a comprehensive comparative study on application documents,examination and grant standards,and applicable rules of infringement is carried out in accordance with the perspectives of patent application subjects,patent examination departments,and patent protection authorities mentioned above,so as to fully analyze the differentiation between partial and overall design.The fourth part mainly shows the legal effect generated after the differentiation study of partial design patent system and overall design patent system.The above mentioned is differentiation analysis of patent application subject,patent examination department and patent protection authority respectively according to patent application documents,examination and grant standards and infringement applicable rules,but the legal effect generated is not limited to a certain subject.For example,the research on the differentiation of patent application documents will not only produce legal effects on the subject of patent application,but also indirectly or directly produce legal effects on patent examination departments and patent protection organs.The research on the differentiation of examination grant standards and infringement applicable rules will also have legal effects on the patent application subject,patent examination department and patent protection authority.