What are the issues in determining design patent infringement
1. Determine the scope of protection of the design patent right. According to Article 59 of the Patent Law, the scope of protection shall be based on the design patent product shown in the pictures or photos submitted by the design patentee to the Patent Office when applying for the design patent, including the front view, Top view, side view, etc. Among them, the main view is the most important because it best reflects the beauty of the exterior design. When determining the scope of protection of a design patent, attention should also be paid to identifying the elements that can reflect the beauty of the design from these views.2. Determine whether the design patent product and the infringing product are the same or similar goods. Usually, the function and use of the product are used as the standard, and the International Design Classification Table is also referred to for the classification of related goods. If the design patent product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods, and the following comparison can be continued. If the two products are not identical in terms of functions and uses, it can be determined that they are neither the same product nor similar products. At this point, the infringement determination step can be completed and the patent infringement is not established.
3. Connect the design patent with the alleged infringement Products for comparison. That is, from the perspective of ordinary consumers, the key parts of the patented design and the design of the product accused of infringement are observed and judged as a whole. After comparison, the following three results may appear:
(1) If the design of the accused infringing product is exactly the same as the patented design, it will be deemed that the former falls within the scope of patent protection. , patent infringement established.
(2) Accused The design of the infringing product is basically the same as the patented design in important parts, and is similar as a whole. Patent infringement may also be determined based on the principle of equivalents.
(3) If the design of the alleged infringing product is neither identical nor similar to the patented design as a whole, it shall be deemed that The allegedly infringing product does not fall within the scope of patent protection, and patent infringement is not established.
The above are the editor’s answers to relevant questions. If you If you need to know more about the law, welcome to the Legal Savior Network for legal consultation.
