How to determine whether design patent infringement
Determine whether design infringement occurs Patent rights should start from the following aspects:
(1) To determine the scope of protection of the design, the patented product should be represented in the picture or photo. The design shall prevail, and a brief description of the design can be used to understand the scope of protection of the design.
a) In an infringement lawsuit, the design patentee shall submit a "design key point drawing" of its design, explaining the original parts and features protected by the design. Content; If the patentee has submitted a "design key point drawing" to China's national patent administration department when applying for a design patent, the patent file can be used as evidence to identify the key points of the design.
b), design patentee requests color protection If required, relevant evidence approved by China’s national patent administration department should be produced to determine the scope of protection of the design.
c). The scope of protection of design patent rights should exclude products that only serve functions and effects, but are not visible to consumers or have no aesthetic effect on the product during normal use. design content.
(2) Examine whether the alleged infringing product and the patented product are similar products. If they are not similar products, it does not constitute infringement of design patent rights.
Similar products are the prerequisite for determination of design patent infringement, but it does not rule out that under special circumstances, designs between similar products can also be determined for infringement.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
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