Is similar design patent infringement?

A product has its own appearance, which means it has its own unique design. Unique designs are often protected by patents, but infringements also exist. So, is a similar design patent an infringement? In other words, how can we judge that a product design patent has been infringed? Today, the editor of Legal Savior Network has compiled and summarized the following content for you, hoping to answer your questions.

Is a similar design patent infringing?

First, we should first determine the product accused of infringement and the product with patented design Whether they are of the same type or not, products that do not belong to the same class generally do not constitute design patent infringement.

determine whether they belong to similar products. Similar products are the prerequisite for determining design patent infringement, but it does not rule out that under special circumstances, designs between similar products can also be determined for infringement.

Second, the perspective of ordinary consumers is the standard for determining design infringement.

Because the purpose of using design patents on products is to increase the value of the product and maximize product profits. The way to maximize product profits is to make consumer groups accept the product. Ordinary consumers and professional designers have different visions and aesthetic observation abilities when it comes to the appearance design of a product, and their aesthetic abilities and levels also vary.

In the design patent authorization review and invalidation review, one should use the vision and aesthetic observation ability of a professional designer to examine whether a new design is aesthetically pleasing and whether it is aesthetically pleasing. There is novelty and creativity, and whether it is the same as or similar to the existing design. In infringement litigation, when determining whether the alleged infringing product is the same or similar to the design patented product, the perspective of ordinary consumers should be used. Only the eyes of ordinary consumers are objective and fair here. Different products have different consumers, and when making judgments, the consumer groups must be defined based on the individual products.

Of course, using the eyes of ordinary consumers does not mean that ordinary consumers should judge the similarity or similarity of products in each case, but it refers to the judgment of the case. When making judgments, judges should start from the perspective of ordinary consumers and make judgments on individual cases.

Third, appearance design comparison

The main method of appearance design comparison is:

First of all, determine the basis for comparison. In the judgment of infringement, the basis for comparison should be the pictures and photos submitted by the applicant and authorized to be announced when applying for a patent in the Patent Office of the State Intellectual Property Office. They should not It is a patented product manufactured by the patentee after applying for a patent.

Secondly, when comparing the accused infringing product with the design patent, an analysis of the main parts and an overall analysis should be carried out. Observe and make a comprehensive judgment to see whether the two have the same aesthetic feeling. The focus of comparison should be the main aesthetic design part (essential part) created by the patentee and the corresponding part of the accused infringing product to see whether the defendant has plagiarized, It imitates the novel and original part of the plaintiff's design. Because the former determines the scope of protection of the design patent, only when the appearance of the patented product is the same as the pictures and photos submitted to the Patent Office when the patentee applied for the design, and have been approved by both parties Only when both products are approved can the appearance designs of the two products be compared directly.