Research On Similarity Judgment Of Patent Infringement In Automobile Design

The patent system of the automobile design enables the patentee to obtain an exclusive monopoly right within a certain time,so the right holder can obtain some competitive advantages.In China,there are many typical cases of patent infringement of automobile design in recent years.In order to prevent the phenomenon of "free-rider",it is important to make fair and reasonable judgments in the cases of infringement of design patent in judicial practice.In this essay,I introduce the definition of the automobile design patent,analyze the unique characteristics of the automobile exterior design,comparing with the general industrial design and outline the basic elements of the patent infringement.Base on the analysis of three typical automobile design patent infringement cases,the article summarizes the focus of dispute and the determination of the judgment premise,including the determination of the subject and the operation of the judgment method inthe similar judgments.I concluded by analyzing cases that(1)two products belong to the same car products can meet the request of the premise of "same or similar products";(2)the subject of the judgment should be the consumer of a certain kind of automobile production;(3)when use the method of “Whole Observation and Comprehensive Judgment”,the judge should pay attention to similarities and differences on the part of the overall visual impact,comparing the innovation part of the design.The article exemplifies these issues by focusing on China’s legal practice to seek a good way to judge the patent infringement of automobile design.