Research On The Determination Of Patent Infringement Of Partial Design

With the continuous innovation of industrial product appearance design,completely original design is no longer common,but more focused on innovative design of a certain part of the product.In the fourth amendment of China’s Patent Law in 2020,the newly emerging object of "local design" was officially introduced,solving the problem of the lack of protection for local innovative design features in the patent field.The topic of this article is how to achieve fairness and reasonableness in judicial remedies when infringement incidents occur.Based on this,this article mainly discusses whether to continue using the current infringement judgment rules or to construct new local appearance infringement judgment rules to achieve reasonable remedies for patent infringement events.Firstly,the court needs to first clarify the scope of objects protected by local design patents,then clarify the perspective of the subject for infringement judgment,and finally consider the method of infringement judgment to make infringement judgment results.This article analyzes the issues involved in the determination of partial design patent infringement(infringement determination subject,object scope,and infringement method)in accordance with this approach,and draws on the determination rules of partial design in developed countries such as the United States and Japan to provide constructive ideas for the construction of partial design patent infringement determination in China.This article is divided into four parts.The first part is an overview of the determination of partial design patent infringement.Introduce the concept of local exterior design and the content involved in infringement judgment,including the perspective of the infringement judgment subject,the scope of the judgment object,and the infringement judgment method.The second part is about the issue of determining the infringement of local design patents.Discuss the issues in the determination of overall design infringement in China,and analyze the impact that applying current infringement determination rules may have on the infringement determination results.The third part examines the rules for determining infringement of local design patents in the United States and Japan.Through the investigation of the United States and Japan,the advantages and disadvantages of determining the infringement of local design patents in foreign countries are obtained,in order to inspire the construction of a practical set of rules for determining the infringement of local design patents.The fourth part,suggestions for improving the infringement judgment of partial design patents.Provide suggestions for the subject and object of infringement judgment,as well as the method of infringement judgment.In terms of determining the subject of infringement,it is recommended to improve the design awareness level of the subject of infringement determination;In terms of protection scope,it is recommended to reasonably define the protection scope of the object,which is not limited by the type of product;Regarding the method of determining infringement,it is recommended to adopt a "partial determination,comprehensive judgment" judgment method,and shift more attention to "local" innovative design.