| Summary: | 碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 100 === Recently, it is important that the Nakamura sues the Everlight for the design patent. There are different opinions of courts, which are talking about the patentability of light-emitting diode and the similarity of visions.
In this article, it represents the characteristic of design patent from international treaties, the past history of patent law and judgements in the U.S.A. as well as the procedures of infringement in Taiwan. There is the big issue of the resemblance between the patent and the accused design.
In Taiwan, the amount of design patent is shorter than utility patent. Designers lose the chance to claim the right, because they are unfamiliar with the patent law. Otherwise, the designs are light and small, which probably affect the patentability. Finally, in my opinion, the judgments of infringement of design patent should imitate the mode of consumption.
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