Research On The Infringement Judgment Of Smart Phone Design Patent

As the object of intellectual property protection,smart phone design patent plays an increasingly important role in modern society.It can not only reflect the development level of smart phone,but excellent design can greatly enhance the competitiveness of smart phone in the market,prompting consumers to choose the most visually attractive products.The beginning of the fifth generation mobile network new infrastructure has accelerated the arrival of a new round of smart phone replacement boom,and has also created new opportunities for the development of the entire smart phone industry.In the process of the development of the smart phone industry,due to the potential economic value of smart phone design patent,the problem of infringement of smart phone design patent will inevitably arise.The development of smart phone design patent infringement judgment theory and the solutions to this problem in judicial practice will have a direct impact on people’s understanding of the nature of smart phone design patent,and will also promote the solution of problems such as the authorization and protection of smart phone design patent.In 2020,China’s Patent Law was revised for the fourth time,and the partial design was included in the scope of protection of the Patent Law.We need to improve the infringement judgment of smart phone design patent according to the legislative changes and development status of design patent in China.This article firstly investigates the current situation of infringement cases of smart phone design patent in China.Based on the introduction of the basic situation of the cases and the main points of the judgments,this paper analyzes the common focus of disputes involved in these cases.The focus of these disputes include the determination of the scope of design patent protection,the determination of the implementation of design patent infringement,and the assumption of civil liability.Secondly,the identification of the same or similar design patent of smart phone is discussed from three aspects of the judgment subject,the judgment object and the judgment method.The identification of the same or similar design patent is the key and difficult content of the infringement judgment of smart phone design patent.Thirdly,the defense of smart phone design patent infringement is analyzed.This paper separately analyzes the design patent invalidation defense,legal source defense,existing design defense,right of prior use defense,and limitation of action defense,and explores how they are applied specifically and the effects that they will produce after successful citation.If the defense reason cited by the defendant is adopted by the court,there will be consequences such as non-infringement or non-compensation.Whether the defense reason is adopted or not will have a great impact on the judgment result of infringement of smart phone design patent.Finally,this paper analyzes our country’s existing problems in the infringement judgment of smart phone design patent and the problems that may be faced after the implementation of the new Patent Law,and combines the useful experience of the United States,Japan,and the European Union in determining infringement of design patent,and puts forward some suggestions to improve the infringement judgment of smart phone design patent in China,with a view to better improvement and development of the theory and practice of smart phone design patent infringement determination in our country.