Discussion On The Inventiveness And The Creativeness Of Patent Design In China

Inventiveness and creativeness as a condition for granting a design patent should be noted.On the choice about the standards of inventiveness conditions with the patent of design,absolute standard of inventiveness is more suitable with the realistic needs of our country's design patent.The invention and patent for utility model should be as the conflict object of the patent of design.The user who is familiar with the situation should be the subject on the judgment of creative conditions.In the way of judgment and content,the article suggests using a combination of virtual and solid lines in the design patent applications submitted to the pictures or photos clearly express their design points for make sure the content which should be protect.In the way of judgment of essentials,the protection of design patent should be compared totally.based on the fourth amend the draft to"patent law".Extending the age limit of the protect of the design patent made a higher demand to the standards of novelty conditions.Design patent assessment Through the existing design novelty and creativity analysis is conducive to maintaining the stability of the design patent.