Comparative Study On The Licensing Conditions Of Design Patent And Invention Patent

Strengthening the protection of patent right is beneficial for optimizing the environment of innovation,encouraging creation and innovation,and the adjustment of the industrial structure.In patent law,the conditions for requiring authorization of the design patents and the conditions for requiring authorization of the invention patents are basic problems and crucial problems.This paper studys relevant questions and hopes to perfect patent law of our country.This article is divided into five parts,the first part of the paper discusses and analyzes the connotation of the conditions for requiring authorization of the design patents and the invention patents.The second part of the paper discusses the conditions for requiring authorization of the design patents and the invention patents of Americian patent law and Japanese patent law.The third part of the paper compares the conditions for requiring authorization of the design patents and the conditions for requiring authorization of the invention patents and finds similarities and differences.This part points out the shortage of the rules of the conditions for requiring authorization of the design patents in China.The fourth part of the paper discusses the judicial application of the conditions for requiring authorization of the design patents and the invention patents.This part discusses analyzes the connotation of the conditions for requiring authorization of the design patents and the invention patents through judicial cases.The fifth part of the paper discusses the way of perfecting the rules of conditions for requiring authorization of the design patents and puts forward a suggestion that Patent Law deletes the clause of “do not conflict with the prior rights of others” and describes the conditions for requiring authorization of the design patents according to “the three characteristics” of invention patents.