Research On Patent Protection Of Partial Design

China’s patent law has been amended for the fourth time,and the partial design has been officially included in the protection.Long before the amendment of the law,China’s "patent examination guide" and "detailed rules for the implementation of the patent law" had relevant provisions to protect the partial innovative industrial design,such as graphical user interface and design points.The amendment only declares the protection of partial designs.In fact,China’s patent protection system for partial designs is still at the beginning,and the protection of partial designs is blocked and long.The reason why China is eager to legislate,on the one hand,stems from the needs of industrial development,on the other hand,is forced by the needs of the system in line with international standards,which is related to the lasting passivity and utilitarianism of China’s design system in legislation.In China,there are many examples of partial design authorized in patent examination,but the right is lack of stability;In the infringement judgment,there are also "partial elements" rules to replace the partial design system,but they have limitations.On the whole,China’s partial design patent protection faces many difficulties: the complexity of the protection object and the lack of restrictions on the protection scope make it difficult to determine the protection object and scope of partial design;The inappropriateness of the examination standard of formal authorization conditions and the judgment rules of international derailment and substantive authorization conditions makes the existing authorization examination rules have defects in the protection of partial designs;The binary confusion of judgment standards leads to the ambiguity of the existing tort judgment rules.To establish a partial design protection system with Chinese characteristics,we should not only pay attention to the continuity and systematicness of the existing system rules,but also absorb the experience of international advanced systems in combination with the characteristics of China’s industry and patent protection.This paper offer corresponding suggestions on the improvement of China’s partial design patent protection system in three aspects: the regulation of protection object and protection scope,authorization review rules and infringement judgment rules.