What are the criteria for determining design patent infringement?

With the continuous improvement of the quality of life, consumers are not only satisfied with the quality and function of products, but also begin to pay attention to the aesthetic appearance of products. Therefore, appearance Design has attracted more and more attention and attention, and the issue of protection of design patents has become increasingly apparent. important. What are the criteria for determining design patent infringement? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to what the editor of Legal Savior Network gives Specific comments.

What are the criteria for determining design patent infringement

Whether it constitutes infringement of a design patent, determination criteria It depends on whether the design of the allegedly infringing product is the same or similar to the applied patent design. The sameness or similarity mentioned here should mainly refer to the sameness or similarity in visual and aesthetic sense.

Whether the design of the product is identical or similar to the design of the allegedly infringing product, the two should be compared:

(1) If the shape, pattern and other main design parts (important parts) of the two are the same, they should be considered to be the same. Appearance design;

(2) If the constituent elements If the main design parts (important parts) are the same or similar, but the minor parts are different, they shall be considered to be similar designs;

(3) If the main design parts (essential parts) of the two are not the same or similar, they should be considered to be different or similar. Dissimilar appearance design.

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