On A Brief Description Of The Design Patent

Appearance design is made to the design of product appearance,it should not only haveindustrial practicability,but also be full of aesthetic feeling at the same time.With thecontinuous improvement of people’s economic level,the design has also been more attention,more and more designs to be applied for patents to be protected by patent law.At the sametime, the design patent disputes also showed a rising trend, how to better protect the interestsof the patent owner’s design has become an urgent problem.In2008country has made thethird revision to " Patent law", including the appearance design of a part of the biggestchange.The revised "Patent Law" will be a brief description of one of the provisions of thelegal documents for the design patent application must be submitted, with a view through abrief description to more accurately define the scope of rights of designs.This paper attemptsa comprehensive analysis of the brief description to illustrate the design brief description ofthe function and significance of the scope of rights.This article is divided into four parts.The first part introduces the necessity and rationalityof the new "Patent Law" the creation of a design brief description, pointed out the purpose ofthe legislator that is expected to apply by a brief description of one of the necessarydocuments as design patents, to perfect the design the predetermined range of rights.The second part analyzes the content of a brief description of each part of the request.Withthe "Patent Law" was promulgated, the "Patent Law Implementing Rules" and "patentexamination guidelines" have also been modified accordingly, which made a brief descriptionof the contents of new regulations.This part combined with the problems in the practice, adetailed analysis of a design patent for a brief description of the contents of the request.The third part mainly discusses the brief description of the scope of the right to determinethe significance of the design.Contains a brief description of the product name, purpose,design elements, explanation is omitted view and whether protection of colors, etc., and thispart of the contents of each of these analyzes, and focused on the design elements with alarger controversy and protection of colors the role of design right range.Derived byanalyzing the content, not the brief description of the scope of the rights of all influentialdesigns.In fact, can affect the scope of the rights defined in the main product name, product uses, protection of colors, views and other products specified transparent part omitted, whileothers such as design elements, specify a picture or photo effects, mainly explanation of thedesign is to demonstrate innovative design and features, does not affect the right of the rangedesigns.The fourth part mainly discusses the full use of a brief description.Firstly, analyzes the useof design elements, pointed out in order to better protect the interests of rights holders, shouldbe based on the degree of innovative products to determine whether the specific designfeatures stated.In addition, this part also analyzes the brief description on the application for apatent for design review, invalid and tort litigation of some use.