外观设计专利中创造性要求的边界

The Border of Design Patent of the Creative Requirements

产品外观设计在与先前设计进行比对的过程中,参照主体的选择十分重要,不恰当的一般消费者的界定,会导致近似判断中出现偏颇。引入适当的创造性,是一种较为成熟的做法,也是提高我国外观设计授权质量的内在要求,可以较好地反馈产品外观设计产业良性发展的诉求。

By composed of shape, pattern, color and appearance and their combination, design patent doesn＇ t only include the composition of novelty, it also contains design on product design ingenious arrangement. There also contains the requirement to the creative. Single novelty seeking result in the choice of reference standard irresoluted, thus leading to biased approximate judgement. The introduction of appropriate creativity, is a mature approach, It is the internal demand to improve the quality of design patent, which can better feedback and benign development of the industry of the product design.