Study On The Design In View Of "Innovation Theory"

"Innovation theory" includes knowledge innovation and system innovation.kowledge innovation is fundamental and system innovation is the guarantee:System innovation creates value in the foundation of knowledge innovation in order to promoting knowledge innovation.This article is based on the logical framework to expand discussion of design. design is a special knowledge and contacts closely with works of applied art, trademarks and inventions. " innovation theory" reflects the essence of the patented design,which is based on the innovation of art of product and provides accurate guidance for the functional orientation of design patent and highlights the shortcomings of our current patent infringement judgment and review for applying "confusion theory" which deviates mainly functional orientation of design patent and is not conducive to protecting the legitimate interests of the patent owner and is not conducive to encouraging innovation and diffusion of technology and is not conducive to filtering out non- innovative design and is not conducive to the promotion of economic and social development.This thesis includes introduction, five parts of the body.Firstly,statement of problems.statement of problems of body of right confirmation and judgment of the overall visual effect and think of problems of ordinary consumers and design features and functional design features and so on by" the case of design infringement of scissors" and “the case of handheld shower heads”.Secondly, application of "confusion theory" in reality.Studying the origin of "confusion theory" and the provision of Patent Examination Guidelines and the relevant judicial interpretation about "confusion theory" and the legislative purpose of patent law and related theories,finding that "confusion theory" deviates mainly functional orientation of design patent from administrative and judicial two dimensions.Thirdly,functional orientation of design patent in view of "innovation theory".Studying the relationship between design and invention and leading to and defining "innovation theory" and the value function of "innovation theory" after the definition of invent; Guiding functional orientation of design patent by "innovation theory".Fourthly,expansion of "innovation theory" at the institutional level.Studying specific provisions of design of innovation and creativity from "innovation theory" by jurisprudentia and concepts of design how to effect "new design" and suggesting to modify Patent Examination Guidelines and the relevant judicial interpretation finally.Fifthly, implement of "innovation theory" at patent infringement judgment and review.Suggesting to fulfill "innovation theory" in the appliance of system and answering problems in the first part.