Research On The Functional Feature Judgment Rules Of Design Patent

A design patent product usually has both decorative features and functional features,and different products and different periods have different proportions of decorative and functional properties,and the two show a harmonious relationship.It is legitimate and reasonable to exclude the functional features of the design patent from the scope of protection,which can prevent the design patent applicant from monopolizing a certain technical scheme through the design patent right,so as to balance the interests of competitors,the public and innovators,at the same time,it is also necessary to consider the particularity of the design patent in the field of national defense,which is an exception to the exclusion rules for functional features.On the basis of clarifying the scope of design patent protection,we need to accurately determine what are the functional features and decorative features.Due to the current patent law and its implementation rules in China do not make specific provisions on functional features,it is difficult to unify the standards and grasp the scale in trial practice.This article first discusses the purpose of establishment of the design patent system,protection of objects,classification of design patent features and their relationship;next,the application of the rules for determining the functional features of design patent is divided into three levels,that is,the topic of this article is drawn,and then the functional features Standard disputes and exclusion rules for functional features.In the judgment of infringement,the standard of “ Ordinary Consumer ” is difficult to grasp,and it is subjective.The judgment methods in my country mainly include the function sole defining doctrine and the overall visual effect judgment doctrine.There are also overall or partial disputes in the judgment perspective.Next,it mainly analyzes the theories and jurisprudence of the EU and the US,and draws comparative conclusions.Finally,it analyzes my country’s legislative and judicial status on the topic of this article,and putsforward suggestions for improving the rules for determining the functional features of my country’s design patent.That is to formulate perfect laws and regulations,jump out of the "Ordinary Consumer" unilateral subject restrictions,consider other objective factors,clearly determine the viewing angle,start from the local,based on the overall consideration,and finally,unified judgment method,the introduction of "Causative Criteria",comprehensively apply the function sole defining doctrine and the overall visual effect judgment doctrine.