How to judge whether two exterior designs are similar

In the continuous development of society, many people will design some new things. Design patents are a type of patent. Design patent infringement is very common in our country. So, how to judge whether two designs are similar? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to judge whether two designs are similar

1. First, we must compare from the category. Only similar products can be compared with each other. The categories mentioned here refer to the subcategories in the "International Design Classification Table".

2. Treat differently according to different shapes. For example, three-dimensional shapes such as tape recorders, televisions, and transportation vehicles should be based on shape, supplemented by patterns and colors; carpets, wallpapers, floral fabrics, etc. should be based on patterns and supplemented by shapes; color differences are generally not considered alone. Determine approximate conditions.

Determination of design patent infringement

Determining whether the accused product and the design patented product are identical or similar is a highly technical and legal task. During the judgment process, it is necessary to master and apply various principles as well as their application. Various methods are used. Only in this way can the judgment conclusion be objective, fair and reasonable.

1. The judgment is the same The principle of

The so-called items are the same means that the purpose and function of the product are exactly the same. The so-called identical design means that the three elements of shape, pattern, and color (or combination) are the same. If the items are the same and have the same design, they will be judged to be the same. The design content of general products is expressed in the following aspects: simple shape or pattern design; design that combines shape and pattern; design that combines pattern and color; shape,A design that combines patterns and colors. For a design that combines two or more elements, it can be judged as the same design only when the two or more elements are exactly the same.

2. Principles for judging similarity

If the items are the same and the designs are similar, they are judged to be similar; if the items are similar and the designs are the same, they are judged to be similar; if the items are similar and the designs are similar, they are judged to be similar. The so-called similar items refer to products of the same type, that is, items with the same purpose and different functions.

3. When making approximate color judgments, it is necessary to observe the combination of color and shape, the coordination of color and pattern, etc. on the overall product. The aesthetic effect produced. For example, combined toys have different shapes and are not similar even if the colors are the same.

4. Product size, material differences, functional differences, etc. are not conditions for judging whether the Appearance design is similar. According to different products, within the subcategory of appearance design products, the shape is the main focus, the pattern is the basis, and the color is combined to observe the overall product.

If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.