Research On The Judgment Rules Of Partial Design Patent Infringement In China

The "Patent Law" implemented in June 2021 formally stipulates local design patents,making the protection of design patents in China more comprehensive.Industrial designs that are increasingly refined and matured have received comprehensive and three-dimensional protection.However,due to the particularities of the further compression of the design space of a partial design and its attachment to the overall design,the determination rules for infringement of a partial design patent cannot be fully applicable to the general patent infringement determination rules.Therefore,it is necessary to construct an infringement determination rule that is suitable for a partial design patent but not completely separate from the overall design patent.However,the practice community has not yet been able to treat partial design patents as independent patent objects.In the determination of object conditions,there is no difference from overall design patents,and there is no infringement determination for their special application scope and special rights delimitation scope.This article intends to use the methods of comparative analysis,case analysis,and empirical analysis to study the views of scholars at home and abroad.After learning and analyzing advanced protection experiences at home and abroad,it attempts to integrate the system based on the existing overall design patent infringement determination rules in China.This article will conduct in-depth research on the object conditions,protection scope,and similarity comparison rules of partial design patent infringement determination,Establish a local design patent infringement judgment rule that conforms to the current status of patent protection in China.The full text consists of six chapters,with the overall framework and main content as follows:The first chapter mainly introduces the research background and significance,research status and shortcomings,research ideas and research methods of this article.The second chapter generally introduces the essence of partial design,and analyzes the connotation and significance of various elements in partial design patents from rough to fine,starting from the definition,to pave the way for subsequent research.Chapter 3 analyzes the current protection status and infringement determination rules of partial design patents in China,and finds that the new patent system does not have a corresponding patent protection regulation scheme that matches its specificity,but still follows the previous infringement determination rules for overall design patents.Therefore,it is necessary to construct infringement determination rules that match the specificity of partial design patents.Chapter 4 mainly introduces and analyzes the relevant systems of the United States,Japan,and the European Union.As regions with prosperous economies and rich practices in local design patent protection,they can provide reference for the construction of China’s system.For example,the requirements for product types should be appropriately relaxed,the protection object should include divisible parts,and the standards for determining the subject should be appropriately raised.In addition,the institutional construction ideas and differences of the three regions also provide inspiration for this article.While emphasizing the uniqueness of local design patents,it is also necessary to ensure the correlation and stability with the overall design patent system.Chapter 5 elaborates on the infringement determination rules designed in this article from three aspects: object conditions,scope of protection,and similarity comparison rules.It creatively proposes that the determination of object conditions should be taken as a legal prerequisite procedure,and suggests that the scope of protection for partial design patents should be appropriately expanded,Improve the standards for determining the subject of infringement and fully integrate "overall observation and comprehensive judgment" with local element rules in similarity comparison.The sixth chapter reflects and summarizes the full text.On the one hand,it confirms the final research results of this article in constructing the rules for determining the infringement of partial design patents.On the other hand,it also reflects on the shortcomings that still exist in this article,that is,it has not been able to explore the process for determining the amount of damages for partial design patent infringement.