Research On The Patent Protect System Of Partial Design

The development of science,technology and market economy promotes the progress of patent technology,and the maturity of patent protection system also brings more opportunities for the development of international economy.In recent years,China has made continuous achievements in appearance design but the current patent system of appearance design is difficult to escort its further leap,and the lack of partial design patent protection is particularly prominent.Although the draft amendment to the patent law of the People's Republic of China in 2015 mentioned the inclusion of partial designs in the scope of protection,the specific content has been suspended for the time being.For a long time,our understanding of the legitimacy of partial designs is insufficient that lead to the appearance of the subsequent product design improvements are affected.It is difficult to make infringement determination.What's more,the holder of foreign priority is difficult to achieve because of the absence of the system.As a result,the realistic predicament is frustrated with the designer's creation enthusiasm.So as to expand the product design space,make up for the deficiency of similar appearance design system,and meet the industrial demand and objective reality,it is reasonable and necessary to protect the local appearance design.Since the partial design patent system emerged in Europe,America and other developed countries and regions,in order to improve China's partial design patent system,it should be based on the perspective of comparative law,to the United States,OHIM and Japan and other legal norms for reference.However,there are some differences in the practices and regulations of various countries in the world.It is necessary to integrate the legislative and judicial reality of China and put forward the construction of the partial design patent system in line with China's national conditions.Among them,the establishment and improvement of censorship,tort protection and priority system as well is particularly crucial.In order to establish the censorship,the scope of its protected objects should be determined first,and then its novelty should be examined on this basis.The application documents should be distinguished from the overall appearance design by the drawing method of "solid line-dotted line".Because partial exterior design is different from general mark,the main body that its tort affirmatory should be the professional design personnel of same trade which cannot apply the standard of general consumer simply.With the purpose of the patent laws which encourage innovation and perfection of the system not only does the local patent of appearance design system inspire the designer's creation enthusiasm but also it meets the needs of industrial development.In turn,promote upgrading of the industry,in addition to this,more promote the intellectual property system in our country and international society.The reason of local design awarded rights protection needs to be on the agenda.