Research On Criteria For Infringement Of Design Patent

Design Patent is always the essential protect object of the intellectual propertyrights in China, but whether theory or enacted law have not get the correspondinglevel of attention neither. Lacking of empirical support or misunderstanding the basicconcepts of the design patent infringement etc. come to cause related papers aboutcriteria to judge the design patent infringement with prejudice but without the role of“theory-to-practice” in our country.In this paper, the clarifying the connotation and denotation of the topic “criteriafor infringement of design patent " is put in the beginning introduction part firstly,where then also telling the differences and the main innovation points apart thearticles with same topic.This paper is divided into three parts in the rough.The first part belongs to empirical analysis. This article combs53design patentinfringement cases to shows the design patent infringement criteria which currentjudicial used comprehensively in China. For lack of relative legislation, the judicialpractice basically draws the outline of our country’s criteria for infringement of designpatent–some questions, for example,“judge steps”,”the scope of patent rights” etc.have certain consensus, while some questions about "how to judge same or similar"etc. still have divergence answers. The second part gives a view of laws and regulations in U.S about the criteria forinfringement of design patent. This paragraph briefly introduces the United Statesregulations about design patent rights protection, and focuses on purposing in order toarrange United States typical cases about “criteria for infringement of design patent“according to a certain clues.The third part, we use the way calling comparative research to analyze."How totell design patents are same or similar" has been hard to answer in the theoretical andpractical realm. And investigate its reasons, on the one hand, our patent enacted lawdoes not give a clear answer, on the other hand, the practices of all have differentunderstandings. Therefore, the correct understanding the criteria for infringement ofdesign patent between the two countries will become a desirable path, whencomparing the mainstream view and other voice of “how to tell design patents aresame or similar". The third part of this discussion especially emphasizes thestandpoint of the design patents because it is so important to the development ofcriteria for infringement of design patent.Surely, for the countermeasures, legal suggestions were put forward at the end ofarticle.