Research On China's Criteria In The Judgment Of Design Patent Infringement

In recent years,the number of patent applications and authorization in China have increased rapidly.However,the infringement judgment criteria of design patent in China has been trapped in both practice and theory,which seriously affected the development of design patent business.The purpose of this paper is to reconstruct the infringement judgment criteria of design patent,so that the dilemma of the infringement judgment criteria of design patent in both practice and theory can be alleviated to a certain extent.In the first chapter,the author expounds the evolution and shortcomings of the patent infringement judgment criteria of China's design,expounds the origin and deficiency of the confusion criteria,and introduces the superiority and defects of the innovation criteria correspondingly.In the second chapter,the author makes a basic exposition of the patent infringement judgment criteria of the foreign design patent,and introduces both the design patent system and the patent infringement judgment criteria of the International Convention,United States,the European Union and Japan.In the last part of this chapter,the author makes comparative analysis of the similarities and differences between the United States and China.In the third chapter,the author puts forward the perfect path of the patent infringement judgment criteria of China's design patent,and also holds that the perfect path should be based on accepting the rationality of the existence of different criterias and coordinating the relationship between different criterias reasonably.At last,the author put forward the amendment of the confusion criterias and some specific recommendations.