外观设计可专利性评价中的“组合”判断

Determination of "Combination" in Assessment of Design Patentability

我国《专利法》第三次修改时，在《专利法》第二十三条第二款有关外观设计创造性判断的规定中引入了“组合”判断方式，即：允许将两项或者两项以上现有设计的特徵组合起来，判断申请专利权的外观设计与之相比是否具有明显区别，从而提高了外观设计专利的授权标准。但是，由于我国在这方面的审查经验不足，在实践中缺少实际案例的积累，如何进行“组合”判断成为外观设计授权标准的热点问题之一，引起了业界的广泛讨论和关注。

When the Chinese Patent Law was amended for the third time, to Article 23, paragraph two, of the Patent Law, has been incorporated the way to determine ＂combination＂, namely, by allowing combination of two or more prior design features in determining whether a design for which an appli- cation is filed for patent is significantly different from the combination of the prior design features, thus raising the standard for grant of the design patent. However, for lack of experience in examination of such designs and practical cases of the kind in China, how to determine ＂combination＂ has recently become one of the hot issues in connection with the standards for patenting designs, and has drawn wide at- tention and discussion in the IP community.