On The Scope Of Protection Of Design Patents

With the rapid development of China's economic level,people's living standards continue to improve,design as a new aesthetic design is the inevitable product of the market economy,can greatly enhance the competitiveness of enterprise products,the protection of design patents should be more and more attention.The main structure of this paper is composed of the introduction and four chapters.It mainly discusses how to protect the design more scientifically and more in line with the requirements of social development through the study,understanding and understanding of the protection theory of the patent right of exterior design at home and abroad,and combined with the current domestic practice of the protection of the patent right of exterior design.First part of this thesis,mainly from the appearance design patent and the patent for utility model and invention patents on the legal protection of similarities and differences are discussed in this paper,at the same time discusses the patent of appearance design for the importance of the economic development of our country,and briefly discusses the foreign laws and regulations for protection of patent of appearance design,as discussed below the ground.Paper first chapter,mainly discusses the scope of foreign patent of appearance design protection,from the evolution of the system of patent of appearance design and development,to the licensing conditions etc details of patent of appearance design,detailed,and compares the appearance involves scope of patent protection at home and abroad,summarizes the foreign patent of appearance design development enlightenment and significance to our country.The second chapter mainly discusses the existing protection scope of domestic design patents,analyzes the three important components of design patents,and lays a foundation for the following,in December 2015,the legal office of the state council published the draft amendment to the patent law of the People's Republic of China(SongShenGao)will be some of the design "in" patent of appearance design protection object,which will help in the patent examination and patent infringement lawsuit can be more convenient and accurate judgment according to the similarity of appearance design.Based on the analysis of the review practice of some designs in the United States,the author puts forward some Suggestions on the perfection of some designs in China.The third chapter is discussed in the previous chapter,this paper discusses the design patent protection range of the rise of emerging factors,mainly through 3 d printing and protection discussed smell factors,such as emerging technologies like 3 d printing technology caused by patent of appearance design of indirect infringement problems,and how to carry out the infringement determination,to smell factor whether they can become a part of the patent of appearance design are analyzed,and ideas.Chapter four analyzes the boundary of the protection scope of the patent right of design,and at the same time protects the patent right of design from excessive abuse,and forecasts the protection scope of the patent right of design in the future.