Study On The Approximate Judgment Of Industrial Design Patent

The patent right of industrial design is a relatively independent intellectual property right.In the case of industrial product design patent disputes,the accused infringing product and the design patent are identical or similar,which may constitute a patent infringement.In judicial practice,there is not much controversy about whether the patent of industrial product design is the same,and the dispute mainly lies in whether the industrial design patent is similar.Therefore,the judgment of the approximation is an important part of the infringement of the industrial design patent,which is related to the core content of the whole industrial design patent system.This thesis consists of introduction,text and conclusion.The text consists of four parts,the specific arrangements are as follows:The first part introduces the outline of the case and the focus of controversy.Based on the dispute over the patent right of exterior design of smoke exhaust fire fighting vehicle,the paper sums up the dispute focus of the case and the content of the judgment of the industrial design patent.In the second part,the author makes a legal analysis of the approximate judgment of the industrial design patent.First of all,this paper analyzes the approximate meaning of industrial product design,and expounds the scope of patent right of industrial product design.Secondly,analyzes the principle and main industrial design patent similarity judgment,discusses the approximate judge principle,to observe the overall effect and adhere to the principle of the principle of direct comparison,and the definition of the main general consumer’s judge.Finally,the paper discusses the specific methods of judging the similarity of industrial design patent.The third part discusses the deficiency of the approximate judgment in the judicial process.In this case,the court did not determine whether the consumer groups of the smoke exhaust fire truck did not respond to the design of the fire engine.In addition,the author analyzes the deficiency of the whole protection mode and the defects of the innovation standard in the judicial practice,and the design space of the smoke exhaust fire fighting vehicle in the case.The fourth part puts forward some suggestions on how to improve the judgment system of the patent of industrial product design.First,refine the meaning of the general consumer.According to different types of products consumers are also different,examiners determine the kinds of products consumers have the knowledge level and cognitive ability in the case review,design of the approximate judge is more objective and accurate.Second,improve the industrial product design patent protection system,part of the industrial design patent protection.Third,it is suggested that the theory of design space should be introduced in the revision of patent law.Fourth,improve the overall observation,comprehensive judgment system.In view of the problem of insufficient protection of the whole protection mode in practice,it is suggested that the innovation standard should be added as a supplement to improve the system of judging the similarity of industrial design patent.