Research On The Ascertainment Of Infringement Upon Design Patent

The third edition of "Patent Law" has been implemented on October 1, 2009. In this revision, many regulations on Exterior Design have been revised, for instance, enhancing the authorized standard of Exterior Design, inducting conflicting application, etc, but the ascertainment of Infringement upon Design Patent hasn't been involved yet, although it's always a controversial topic, legal issues about this field have come out once and again, because there isn't explicit definition in the patent law. This thesis focus on the ascertainment of Infringement upon Design Patent, draws on the research of abroad, puts forward a sound proposal, in order to provide some constructive ideas for the ascertainment of Infringement upon Design Patent.This article is divided into three parts. Including introduction, main body and conclusion.Background, purpose and meaning of ascertainment of Infringement upon Design Patent are briefly introduced in the first part.The second part is main body. Main Body is divided into three sections. The controversial issues which exist in the ascertainment of Infringement upon Design Patent are briefly introduced in the first section.In the second section of main body, the issues are analyzed specifically, including he problem of infringement standard and controlling standard, the controversy about subject of infringement decision, the challenge on putting the same products as the premise of infringement decision, and the problem of protective patterns. The third section is about the proposal that improves the standard of the ascertainment of Infringement upon Design Patent. After the deep analysis of the existing problems in the second part, author brings up comprehensive proposals to the four questions introduced in the second part.The third part is conclusion. Conclusion is a summary of this article. Author makes some suggestion on legislation after collating the views and conclusions.