Research On Legal Issues Of Patent Infringement Identification Of Designs

The continuous innovation of product design has shaped the core competitiveness of enterprises,but with the increasing number of cases in which design patents have been infringed,China's Patent Law only provides principles for infringement standards.Therefore,in judicial practice,the identification criteria of design patent infringement are different,and the results of different judgments in the same case appeared,which affects the judicial authority.Design patent infringement identification mainly includes whether the product types are the same or similar,the scope of protection of the design patents involved,the judgment subject,the design is the same or similar,and the identification standards are important legal issues.This paper will try to summarize the problems in the above-mentioned conditions for the identification of patent infringement of design and propose corresponding solutions.The first part mainly expounds the premise of the identification of patent infringement of design,including the conditions for granting the design patent right,the judgment of the product type and the determination of the protection scope of the design patent.First,the conditions for granting a design patent are set out.Secondly,the method of judging the product type of the design patent is the same or similar to the alleged infringement design patent,the design is based on the product,and the design needs to be reflected by the product.Authorized designs should be limited to products.In the judicial practice,the International Design Classification Classification as the basis for classifying products no legal basis.The method of classifying product types according to product using is not unique in the International Design Classification Table.The other classification methods are also applicable.Therefore,it is possible that the design of the same product will be inconsistent with the benchmark of infringement.As a result,the protection of the design patent been affected.Finally,the scope of protection is analyzed,pointing out the problems in the current law about the scope of design patent protection.That is,the regulation is too general.Should it cover all the content in the photo or picture?What is the specific operation process? All of these have not been written in the patent law.The second part is mainly to analyze the criteria for the identification of infringement of design,including the analysis of the subject of infringement and the analysis of the infringement standard.Firstly,it expounds the rationality and limitations of the general consumer subject and the ordinary technical person as the judgment subject,the general consumer as the subject of the patent infringement of the design has the legal basis,judicial interpretation are still not clear and controversial.The legislative purpose of the Patent Law is to encourage and protect innovative activities.Whether the design is innovative or not is judged by the average designer in the field,because it has more professional knowledge than the average consumer,and it is different from professional designers.This will magnify the nuances of the design.However,the problem is that the ordinary technicians are the sole subject of the patent infringement judgment of the design and negelect the differences between different products.Secondly,it points out the specific provisions of the overall standard and the different viewpoints and the existence of the standard;once again,expounds the relevant legal provisions of the confusion standard and the deficiencies of the standard.Finally,I will analyze the reasons and existence of the innovation standards.The main content of the third part is to propose corresponding solutions to the problems existing in the process of patent infringement identification of the above design.Firstly,according to the classification method of product categories,the corresponding solutions are proposed.Secondly,the protection scope of design patents is determined from the existing design,design methods,design space,functional design,non-design and other aspects.Three aspects of life products,non-living products and intermediate products are used to determine the main body of design patent infringement judgment.Finally,for the overall visual effect mode,confusion mode and innovation mode existing in the current practice,I will summarizes thereasonable existence of various modes.Learn to use innovative models based on the overall visual effects model.