Comparative Study on Design Patent after the Revision of Taiwan Patent Law
|關鍵字:||設計專利;部分設計;成組設計;衍生設計;電腦圖像及圖形化使用者介面;美術工藝品;Design Patent;Partial Design of Articles;Two or More Articles Be Filed as One Design;Derivative Design;Icons and GUI;craftwork|
Patent Law was amended on June 11, 2013 and entered into force on June 13, 2013. There are three changes in the newly forced patent law, first is the change of the term “Design Patent”, second is the elimination of the statutory exclusion of granting craftwork design patent, third is the expansion of patentable objects in design, including permitting partial design of articles, computer generated icons (Icons) and graphic user interface (GUI), derivative design patent, and permitting two or more articles be filed as one design. This amendment is positive toward design for it expands the protection of patent law, but the discussion leave to remain that this amendment seems to confuse “appearance”, ”article” and “design”. In addition, many patentable objects was excluded by the Patent Examination Guideline not by patent law in the past, as a result whether is it proper to correct this mistake by amendment is still open to discussion. This thesis then review the amendment from the perspective of comparing of Taiwan patent law and US patent law to examine the appropriateness, for instance, compare the derivative design patent of Taiwan patent law to multiple embodiment and continuation-in-part application of US patent law, then to review whether derivative design patent can achieve its propose or not. Another instance is by review US patent cases to see whether “submarine patent” will show up after the partial design of articles is patentable in Taiwan. At last, by doing qualitative research, this thesis tries to know what opinions the practitioners hold for this amendment.