Research On The Determination Of Similarity In The Infringement Of Design Patent

The growing need for a better life has made people pursue high-quality products while also increasing their requirements for product design.Looking at the development of the past few years,the number of applications for design patents in my country will increase substantially every year compared with the previous year.At the same time,the number of design patent infringement disputes is also increasing.In the trial of design patent infringement cases,whether the defendant’s product falls within the protection scope of the plaintiff’s patent right,that is,whether the defendant’s product design is the same or similar to the design authorized by the plaintiff,is the key to determining whether the defendant constitutes an infringement..In judicial practice,the court mainly judges whether the composition is similar or not based on the standard of "overall observation and comprehensive judgment".However,due to the imperfectness of relevant laws and judicial interpretations,the court still reveals some details when applying this standard.More obvious and common problems.Therefore,it is of great significance to study the determination of similarity in design patent infringement.On the one hand,it can improve related theories,and on the other hand,it can provide a certain reference for the judgment of related cases in practice.Based on a large number of documents and cases,this article selects the Chenguang Stationery v.Deli Company case.Taking this typical case as an example,through a simple review of the basic facts of the case,an overview,and an analysis of its controversial focus,at the same time,it also conducts related cases.The investigation found and summarized the related problems of the similarity judgment in the current judicial practice: the definition of the judgment subject is not clear,the influence of the same design feature on the overall visual effect is ignored,and the usual design judgments are different.In order to improve the system for determining similarity,suggestions are made to clarify the scope of related concepts,consider the impact of the same design features on similarity,and introduce the frequency of appearance of design features.