Research On The Judgment Of Design Patent Infringement

The constant innovation of product appearance design contributes to the improvement of enterprise competitiveness,and more and more people realize the importance of appearance design patent right.As more people choose to file design patent applications for legal protection,design patent disputes are on the rise.In the judicial practice of resolving related disputes,we also found that many aspects of the design protection system still need to be standardized and improved.This paper takes a design patent infringement case that has been tried for three times in 2018 as an example to summarize and analyze the common problems in the judging process of design patent infringement reflected in this case,and puts forward my own views and Suggestions on these problems.The first part of the introduction introduces the background and significance of the topic,as well as the analysis method and the innovation of this article.The second part of the analysis of the case,in the introduction of the court at all levels of the main points of the judgment,the author summed up the personal thought of the dispute points of the case.The third part of this paper analyzes the problems existing in the tort judgment of appearance design in China by combining with cases.Firstly,it is difficult to define the subject of tort judgment,and there are different opinions on the understanding of "general consumer".Secondly,the judgment method of design patent infringement has been selected and practiced for many times,but still has some shortcomings.Finally,the identification standard of patent infringement scope of appearance design is not accurate,and it is difficult to judge functional design features.The fourth part of the article introduces some rules and precedents in the judgment of design patent infringement in the United States and the European Union.In the fifth part,the author puts forward some ideas for the above problems.Firstly,in terms of the understanding of the subject of judgment,it is believed that "ordinary consumers" can be understood as "ordinary buyers who have first-hand contact with and use the product",and this concept is explained from the perspective of the classification of daily products and non-daily products.Secondly,different judgment methods have their rationality.In practice,the advantages of different judgment methods can be used for reference to achieve more objective and accurate results.We can make up for the shortcomings of the method of "overall observation and comprehensive judgment" by further standardizing the practical operation and introducing legal assistants.Finally,as for the determination of the scope of patent protection,the author summarizes a judgment flow chart to confirm whether the infringed products fall into the scope of patent protection,analyzes and defines the matters needing attention in the identification process,and puts forward some ideas.