Research On The Examination And Authorization System Of Automobile Design Patents

Domestic granting of design patents is not subject to substantive review,but only for formal review.Authorization is granted when the written application submitted by the applicant satisfies the formal conditional review.When a design patent is invalidated or litigated due to a dispute in reality,the relevant unit will conduct a substantive review.In the case of review and judgment,the judgment authority will obtain different findings due to different understandings of the judgment subject and the judgment criteria.Different judgment results seriously impair the fairness of the design patent judgment and reduce the credibility of the relevant units in the public mind.The first part,the brief introduction and analysis of the case.Jaguar Land Rover v.Jiangling Landwind Case is a representative case of invalid design patents.First,the State Intellectual Property Office granted the patent rights to both parties.After the parties filed an infringement objection,the State Intellectual Property Office conducted a substantive examination again,and finally determined that the patents of both parties were invalid.Jiangling Company refused to accept the judgment of the Patent Reexamination Board and filed an administrative lawsuit.The court of first instance held that the patent was valid.After the Land Rover Company refused to accept the first-instance judgment to appeal,the second-instance court held that the court of first instance applied the wrong law,and that the patents of both parties were invalid and the judgment of the first instance was revoked.If,at the patent examination and authorization stage,the IP Office authorizes the grant of the patent right and rejects the invalid patent,then there will be no such complicated situation,and the result will waste social resources and disrupt the result.The market order.The above fully reflects the existence of certain problems in China's design patents,especially in the examination and authorization system of automobile design patents.The second part is an overview of the patent review and authorization system for automobile design.The domestic and international censorship and authorization systems were described separately,and comparative analysis was carried out to obtain a review and authorization system that can be used for reference.The third part,combined with the case,analyzes the problems of China's design patent examination and authorization system.It points out the shortcomings of formal review,and indicate the ambiguity of the authorization standard,as well as the lack and need of some design patent systems in China.The fourth part is the perfect proposal for the patent review and authorization system for automobile design.A method for how to improve the patent review and authorization of automobile design is proposed.Drawing on the advanced legislative experience and doctrine of design patent examination and authorization granted by some foreign countries and other parts of China,then based on China's national conditions and automobile design patent examination and the environment under authorization,it proposes to solve and improve China's current automotive design patent examination and Authorization issue.While China does not have a specialized law designed for the protection of design,and does not subdivide the design protection standards of different industries,this paper analyzes the problems of China's design patent system and the foreign what can learn from,and puts forward the protection standard for automotive exterior design.The author believes that the design should not only be protected by the special design law,but also different standards in different industries,so as to better serve the practice and improve the standard of China's design protection.