Case Research Of The Infringement Determination Upon Appearance Design Patent

Patents for appearance design involve a wide range of products.There are great differences in the appearance design of various products and existing designs.From the perspective of the scope of patent protection and the way of judging infringement,there are great differences among appearance design patents ? utility model patents and invention patents.Moreover,there is no specific method to determine the infringement of appearance design patents in the implementation rules of China's Patent Law and Patent Law.The Supreme Court's judicial interpretation of patent infringement,some of which clarify the controversial hot issues in the determination of infringement of design patents,but the detailed definition of its conclusions hasn't been given.In this case,the judgment of patent infringement of design has strong subjectivity and arbitrariness.In recent years,China's patent protection system has been greatly improved and developed,but with the continuous increase of appearance design patent infringement cases,there are a lot of new problems to be solved in judicial practice.Moreover,in practice,there are often different judgments made by the court of first instance and the court of second instance based on the inconsistency of the judgment criteria of patent infringement of design.Therefore,the author believes that the judgment of patent infringement of design is a problem worthy of further discussion.Based on the above background and problems,this paper analyzes the judgment of appearance design patent infringement through the case of Xingkete company and Shizhiyuan Company infringing on the patent right of design.Firstly,this paper introduces the specific case and the focus of disputes in this case.Secondly,the theory and case of judging the infringement of design patent in this case are analyzed.This paper analyses the scope of protection of patent right of design,the subject of judgment of infringement of patent right of design,product types,judgment of identical or similar design,consideration of product design space,and the elements and civil liability of infringement of patent right of design.Relevant theories of judgment.Thirdly,this paper investigates the pattern of judging design patent infringement in the United States,the European Union and Japan,and makes a comparative analysis with the pattern of judging designpatent infringement in China and abroad.Finally,some suggestions are put forward for the determination of patent infringement of design in China.Including that the design space reflecting the novelty of patent should be considered in the judgment of infringement,as well as the characteristics of innovative design should be combined in the overall observation and comprehensive judgment of appearance design.Through the discussion of these aspects,this paper expects to study the determination of infringement of design patent,so as to further standardize the application in judicial practice.