從工業設計的觀念探討新式樣專利

Abstract

近年來，工業設計已受到國內企業的重視，並成為企業轉型的關鍵，甚至政府將工業設計視為重點發展的產業之一。然而，產業界對設計保護的觀念似乎仍嫌不足，其大都停留在對技術上的專利保護，而忽略了產品的設計與創意的保護。因此，本文主要是由工業設計的觀點來探討我國新式樣專利，並提出幾個重要的工業設計觀念與新式樣專利之間的問題澄清，如：「形隨機能」的設計觀念與新式樣專利制度上的「純功能性設計」之間的討論；「簡約設計」的設計觀念與如何申請新式樣專利；申請新式樣專利的色彩規定與觀念；工業設計所謂「好的設計」與新式樣專利要件之間的問題澄清。最後，期望藉由工業設計觀念討論，能讓「設計人」更加認識新式樣專利，並開始重視設計與創意的保護；也希望從事智慧財產相關工作或法律研究的人士，能由設計的角度，對新式樣專利有更深刻的了解。

In these years, industry design has become more and more important in Taiwan. It not only plays a crucial role in the renovation of enterprises, but also is regarded as a priority enterprise on the island. However, it seems to be that the industrial circle is still short of the concept of its protection. As a result, people in this circle know quite well about the patent of techniques, on the contrary, neglecting to protect the design and the creativity of products. Therefore, in this article, the design patent in our country was discussed according to the viewpoint of industrial design. In addition, several disputes between the concept of industrial design and the design patent were also clarified, including the concept of design,“form follows function”, and the functional design in the system of design patent; the concept of design, “the styles of minimalism”, and the application of the design patent within; the regulation and the concept of colors in the design patent; the so-called “good designs” of the industrial design and the patentability of design patent. Finally, according to the discussion of the concept of industrial design, I expect that all of these revealed in this article could enable designers to know better about the design patent and to start to pay more attention to the protection of design and creativity. Moreover, I also expect that those, who have gone into the field of intellectual property and legislative research, may, from the aspect of design, have a profound understanding on the design patent.