The Patent Scope of Associated Design Patent and Derivative Design Patent

• Main Authors: Chang,Hsin-Yu, 張心雨
• Other Authors: Chen,Rain
• Format: Others
• Language: zh-TW
• Published: 103
• Online Access: http://ndltd.ncl.edu.tw/handle/w8n6ek

碩士 === 南台科技大學 === 數位內容與動畫設計研究所 === 102 === Because of the increasing competition in the consumer market, design patents are becoming an increasingly noteworthy patent type by the industries. To keep pace with international trends, the Intellectual Property Office of the Ministry of Economic Affairs has, in recent years, made various revisions to the Patent Act. The newly implemented amendment contains stricter rules for design patents, which helps provide substantial protection to the works produced by the design industry and enhance the competitiveness of the Taiwanese products in the market. The amended Patent Act of the Republic of China was announced in 2011 and implemented in 2013. An important reformation brought about by the revised Act, no doubt, is the abolishment of the Associated Design Patent and the introduction of the Derivative Design Patent. In this study, a comparison was first made to identify the differences between the Associated Design Patent and the Derivative Design Patent, using documentary analysis methods. To visualize the differences between the two in terms of the theoretical aspect and furthermore facilitate the study of the differences between each patent scope, the researcher selects an approved case of design patent, which is concerned with a Power Outlet Patent. An experiment was conducted to examine the patent scopes constructed by the relevant professionals (the patent professionals and the design professionals). The objective of this experiment is to provide respective visual aids to illustrate the patent scopes of the Associated Design Patents and the Derivative Design Patents. A comparison has also been made to check the design patent maps constructed by the patent professionals and the design professionals. The purpose is to probe whether the development from the Associated Design Patent System to the Derivative Design Patent System has led to an enlarged patent scope. The results of the study are: (1) An enlargement of the patent scope has been noticed following the change from the Associated Design Patent system to the Derivative Design Patent system. (2) After the movement from the Associated Design Patent system to the Derivative Design Patent system, the patentees are given higher flexibility in utilizing the patents and making strategic decisions when making design revisions. (3) The design patent maps provide a clearer picture on the distribution of patent scopes after the change from the Associated Design Patent system to the Derivative Design Patent System. It also helps the designers to avoid infringements on an existing patent.