Research On Infringement Judgment Of Partiai Design Patent

On June 1,2021,the new Patent Law was officially implemented.One of the highlights of the revision is that the partial appearance of the product is included in the protection scope of the design patent,and the expression "whole or part" is added.Widespread attention from the main body of innovation.However,the establishment of this system does not mean that it is done once and for all,and it follows that how to effectively protect partial designs will become a difficult problem for us when enterprises face infringement.At present,my country’s "Patent Law" and judicial interpretations have established a set of infringement judgment system for the overall design.However,for partial designs,some provisions that pursue the overall visual effect cannot be fully applied.Judicial practice has long been reflected,such as the "hand-held shower head case","Wanfeng motorcycle wheel case" and so on.Therefore,after the legislation has clearly introduced partial design,and the supporting measures for infringement determination are not yet complete,it is very likely that enterprises will be at a loss when faced with infringement disputes,and the patentee may apply for partial design patents but cannot be truly protected.The newly revised law will also be in vain.It can be seen that it is particularly important to improve the relevant supporting measures for the determination of partial design infringement.In order to solve the problem,this article first defines the "part" in the partial design as an inseparable part of the product.Secondly,since the partial design has distinct characteristics different from the overall design,it will inevitably raise the question of whether and how the current infringement determination rules are applicable.Therefore,based on academic discussions and judicial cases,the deficiencies in the protection of partial designs in my country’s current infringement determination system are further elicited,mainly including that the provisions on the scope of protection are not conducive to the protection of partial designs,the infringing subject is difficult to identify,and the infringement determination method has drawbacks.Finally,in order to solve the above problems,this paper compares the infringement judgment systems of partial design patent rights in the United States and Japan,summarizes the advantages and disadvantages of each,and analyzes the reasons,and puts forward feasible suggestions,in order to clarify the infringement judgment of partial design patent rights in my country.optimization direction.Among them,the scope of protection of partial design should be mainly based on drawing pictures,changing the fixed thinking limited by product type,and it is not advisable to use ordinary designers as the main body of judgment.It is recommended to make comprehensive use of the advantages of ordinary consumers and ordinary designers.Under the principle of "overall observation and comprehensive judgment",improve the "essential parts" for partial design.As a result,effective adjustments have been made to the determination of infringement of partial designs,while ensuring that the development of partial designs does not deviate from the reality of our country and is steadily advancing in line with the world.