Research On Patent Protection Of Partial Design In China

In recent years,the design innovation ability of enterprises provides fresh blood for promoting the transformation and upgrading of industrial structure in China,and is the booster to improve the independent innovation ability in China.As the partial design is becoming more and more refined,the product design space is becoming smaller and smaller,and partial design has become the main form of innovative design.In order to effectively protect the partial innovative design results,meet the needs of China's industrial development,and better integrate with the international system treaties in international trade,China should try to introduce the partial design patent protection system,which is of great significance to promote the completion of China's patent law system.No matter the introduction of design points or the protection of product design including graphical user interface,there is a trend to expand local protection in China,which provides practical experience and institutional basis for the introduction of partial design patent protection system in China.The research on the patent protection system of partial design started late in China,and many problems have not reached a consensus.Therefore,it is of great theoretical and practical significance to strengthen the research on this issue.Based on the current situation and existing problems of partial design patent protection in China,this paper discusses the appropriateness and necessity of building a partial design patent protection system in China.In the process of the development of the existing legal system in our country,the attitude of our country to the partial design has changed in the aspects of legislation,patent examination and judicial practice,and started to expand from the overall protection to the local protection.These are the valuable institutional basis and practical experience in the process of system construction.In order to effectively protect the partial innovative design achievements to meet the needs of China's industrial development and better integrate with the international system in the international trade,it is urgent to build a partial design patent protection system.Based on the comparative analysis of the protection object,protection scope and patent application documents of the partial design patent system in various countries,this paper makes a concrete design of the partial design patent protection system in China on the basis of the existing system in China.First of all,the systemshould not only protect the rights of innovative design subjects,stimulate design innovation,promote the development of innovative design industry,but also consider the social public interest.Secondly,the object and scope of protection of partial design patent should be reasonably defined,and the separability of product carrier should not be recognized.The determination of the scope of protection should also consider the category of product and the proportion of partial design in the overall product.Relevant specifications of patent application documents for partial design shall be set reasonably.At last,the conditions of patent authorization,the way of judgment and the subject of judgment are designed concretely.