| Summary: | 碩士 === 世新大學 === 法律學系 === 92 === The study investigates the design patent infringement cases in USA, and to make clear the matter of law and the matter of fact in the design patent infringement lawsuits, as well as to solve the issues of the law and the fact in the suits by the tests, the viewpoint of the tests, the legal rule in these cases. In the investigating process, it has been observed the legal rule and the rationales developed from the design patent infringement cases, have to sustain the test and the forging of the successive cases for period of time, they could be stated as the leading cases. Therefore, this analysis and organization the procedure, the test and the counterclaim to be applied to the design patent infringement cases have been done case by case, which offer the nature, the rationales, the viewpoint and the content of the test, and then confirm the test and the procedure of the design patent infringement. The results indicate that by learning from the experiences of the foreign cases and to fill up the deficiency of the foreign experience according to our patent law system, a generalized procedure and the test for determining the design patent infringement that are suitable in Taiwan. It is expected that the results not only could apply to the practice of the design patent infringement suits to the court in Taiwan, but also that could provide to the governing patent organizations in Taiwan for reference. Hopefully, the results could attract some scholars, experts, the patent attorneys, the judgers and the ministers of the governing patent organizations to do further research.
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