The Study Of The Protection Object Of Design Patent

Modern industry competition could be thought as design competition in some degree in the aspect of the function and shape from a design, and people have clearly understood that excellent product appearance design can increase the added value of products. In majority of countries design patent had been incorporated into the legal protection system, but the object of protection are not the same. And with the rapid development of our country’s economy and the improvement of industrial, many new designs had been produced, these designs whether could be obtained into design patent need ponder over. Our current patent law had detailed implementation rules and review guidelines to specify which could be the protection object and eleven species could not be protected, I think we should not stand still under the new situation, we could add some new object design such as imaging, etc.My paper is based on the legal system of intellectual property rights and the judicial practice in our country. From the basic theory of exterior design, I have researched design patent protection object in the main countries and compared with the law of design patent protection object in world’s major developed countries and districts. I put forward some legislation suggestions to perfect objection of design patent.Full text is divided into three parts, including preface, text and conclusion. The text part includes four chapters. The content is as follows:The first chapter is the history of design development and its definition. I have reconstructed the concept of design in our country on the basis of the comparison analysis.The second chapter mainly researching protection object and problems of design patent. The problems including that the design of the object bad been limited by the relationship between the elements of color and shape. The aesthetic and functionality standard of design patent are not clear so that some only determined by its function got a design patent. In addition, because the definition "product" is very narrow that made some new designs can not be effectively protected.The third chapter putting forward legislative proposals to perfect our protection object of design patent. Including following aspects:the first is to clear the function of color in design patent law. Color is not used to limit the scope of design, but it could make the form of design more abundant. The second is proposing executable aesthetic criteria to protect new designs, such as interface on mobile phones or computer graphical. The third is expanding the definition of industrial products to protect more new type of design patent such as graphic design protection, interface on computers.