Summary: | 碩士 === 南台科技大學 === 數位內容與動畫設計研究所 === 100 === In the present technology and industry, patent is essential to business. Patent
information not only inspires innovative design, but expands present application range
of design techniques and realizes that patent analysis is the necessary method and
procedure for using patent value. Through patent analysis to build protective
equipment can let the competitors unable to invade this value network and avoid
trapping into manufacturers’ patent trap so as not to infringe the profits.
Design patent is mainly to safeguard the appearance of object, and also the first
impression on consumers contacting products. Therefore, there is an absolutely
superiority to the protection on product form’s high awareness and patent right. The
resemblance of many imitational products may infringe the rights and interests of
original product company. However, the present judgments of design patent have
many different results because of people’s different judgments on resemblance. There
is no definite, clear and impersonal judgment way. The mainly purpose of this study is
to (1) discuss that the consumers and the experts presume respectively whether the
resemblances of product appearances are plagiarized or not (2) compare the
disparities of people in each level of education, different genders and with product
design experiences or not to resemblances (3) Build a resemblance of patent
substantial image which is presumed by the consumers and experts after data
organization.
Study uses typical products as samples. After choosing the samples, this study
researches the similar range of product form, does the questionnaires which is aim at
experts and consumers, builds up the united substantial images and individual images
of consumers and experts, then analyzes the substantial differences of patent map and
finally explicitly reveals the design patent scope. The result of this study will be
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expected to apply to the judgment of design patent infringement, patent strategy of
related skills, and so on. It also can be the important reference of developmental trace
on retrieving techniques and intelligence of technique competition, let the business
increase profits and improve market values or to be the judgment of market
infringement and the trial basis for the courts. The results of this study as follow: in
experts and consumers (1) males are not easy to confuse (2) high age level are not
easy to confuse (3) the recognitions of high education have much conformity to the
actual cases (4) the recognitions of people with more design experiences are more
objective.
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