Study On The Judging Infringement Of Partial Design Patent

With the strengthening of international trade and the general improvement of the design capacity,the innovative design of the product local appearance is becoming increasingly prominent in the market competition.The fourth revision of the Patent Law officially introduced the local design patent system,but the infringement judgment rules of local design have not been defined.Tort judgment directly affects the implementation and development of local design patent system,so it is urgent to construct reasonable and feasible infringement judgment rules for local design.Investigate the current infringement judgment rules of the overall appearance design are applicable to the limitations of the local appearance design.Among them,"general consumer" as the judgment body,the general consumers cannot pay ordinary attention to notice the innovation,or easily think innovative enough to become the protection object of the local design patent;infringement judgment object standard is not clearly specified,often fuzzy mixed with the authorization standard;"overall observation" judgment method will lead to the interpretation of the overall visual effect is insufficient,the different range of design comparison type and local design redesign,to the local design patent failure.The investigation of the patent infringement judgment rules of local design between the United States and Japan found that the United States has more relaxed protection of local design than Japan,and paid attention to the protection involved design.Japan is more strict with some appearance design protection,and will more consider the relationship between the design and the product as a whole.Based on the above contents,the suggestions on the infringement judgment of Chinese local design patents are put forward.The judgment subject should be the ordinary designer;the judgment object should pay more attention to the local design itself,consider the position of the product;adopt the overall judgment;optimize the process of infringement judgment,accurately and reasonably determine the local design patent infringement disputes,and better implement the local design patent system.