Improvement Of Design Patents Examination System In China

During past30years, continue to strengthen the importance of intellectualproperty rights in China, China has made tremendous progress in the development ofintellectual property rights. Design patent, as an important part of China’s Patent Law,has been for many years at the first place in the world on the application andauthorization number. Incompatible with this, series of problems has graduallycome out about design patent, such as low innovation height and instability afterauthorization, and to solve the causes of the issues is that improvement the designpatent examination system in China.The intent of this paper is from the perspective of design examine process, toanalyze the problems come out during the design examine process, and puts forwardappropriate legislative proposals to improve our design examine system.In the first part of this article, described the purpose of the design system and itsdefinition. The first section introduces the establishment of the design patent systemand its development. Section two, described granted design patents in China and pointout the problems of China’s design patent status and the reasons for such a situationoccur.The second part of this paper mainly introduces the of design permissioncondition. This part is mainly discussed from the conditions of novelty and inventive step, compare of the difference between China and other countries on novelty andinventive step requirements. And then comes to Internet information, which is lack ofprovisions to regulate the existing technology, give it some recommendations. As forthe introduced creative conditions, proposals for a substantive examination before thedesign patent granted.The third part of this paper pointed out the defects of our existing designsexamination system. Due to part of design patent, began to question the confusionstandard, which has been mandated in our country for years, then goes to the choiceof innovative standards and standards review body. In addition, the aesthetic issues ofdesign patent were discussed.The recommendations proposed to the design patent system in the fourth part ofthis paper. According to the defects of the existing system, part of the design patentsystem should be introduced to improve the existing system, which accordinglyrequires innovative standards to determine whether design patent should be granted,and clearly a person skilled in the art should as examine body judge the application.Finally, clear the purpose of aesthetic standards for design patent.