Study On The Application Of Creativity In The Grants Of Design Patent Rithts

With the deepening of economic globalization, knowledge economy has arrived.Intellectual property rights is becoming increasingly important role in the economic life.The intellectual property rights,as an important part of patent system,has been more and more attention by people.Design patent is an important part of the patent system. With the new patent laws making,we has introduced innovative design elements.This paper attempts to combine the. creative elements of design patent review the theory and practice,combined with China's patent review and judicial practice, the new patent law on the introduction of the revised design of new creative elements of the practical application of proposed Glimpse opinion.This article is divided into five parts.The first part is to give a brief introduction on the overview of its design patent system and the meaning of its design patent system,and to have a general understanding of the patent system,thus discussed the meaning about the patent on the design concepts and the condition shave in the patent.From the origin of the patent system to the formation of the concept design reflects the creative license from the design patent as long as a "new and useful" to the conditions of social change as well as development and progress of science a "creative" in terms of historical developmentinevitable trend.The second part makes a simple study in the standards for the authorization of the design,discusses the elements of related concepts of the elements of novelty and creativity,creative designs have to be determined on the basis of novelty so the creativity and novelty in the judgment is different.By comparing the creative elements and the element of novelty,creativity and identifiable,creative design elements and creative elements of the invention and a utility model,focusing on give a profound exposition of creative concept and content of the elements to the essential nature of design, clearunderstanding of the subject matter of the patent. The third part is to study the need for the introduction of creative standards.By both the legal and economic analysis.clearly the object of protection of intellectual property,the law of professional creative design point of view and perspective of cultural content,the consumer point of design consumer psychology, but also discusses the move also to improve the conservation status of the current design needs.The fourth part,by the analysis of the United States, Japan, Taiwan and other countries mandate standard designs, especially give details to determine ways of the provisions of the standard of creativity, innovative designs to countries, so that we can learn from the advanced.The fifth part discusses the creative standards of design after the introduction, we discussed in the review and so the concrete practice, and finally discusses the creative standards from a review of the principal, prior design, the review of the existing system of some key issuesview of legislative developments and future directions.