What are the requirements for a product accused of infringement to constitute design infringement?

What requirements must be met for an accused infringing product to constitute Design infringement? Regarding this issue, the editor of Legal Savior Network has compiled information on this issue for you. If you want to know what requirements must be met for an accused infringing product to constitute design infringement, If you want to know, please follow the editor to read it, and I will answer it for you immediately. Follow the editor of the Legal Savior Network and read on.

What are the requirements for the alleged infringing product to constitute design infringement

Generally, unauthorized use of another person's design without the consent of the patent owner will constitute infringement. In practice, once a design right owner discovers that it has been infringed, he will sue the infringer.

In practice, two conditions must be met for the alleged infringing product to constitute infringement:

1. The allegedly infringing product contains the original part of the design patent (the so-called innovation point).

2. The alleged infringing product is generally the same as or similar to the design patented product.

If the alleged infringing product constitutes design infringement, it is recommended that you follow the following steps:

1. Whether the design involved in the case is still within the protection period and whether the right holder has paid the annual fee.

2. Can the other party’s evidence prove that it has produced products that infringe the design or used the other party’s design?

3. Within the defense period, submit a request for invalidation to the Patent Reexamination Board of the State Intellectual Property Office for the design involved in the case, requesting that the patent be declared invalid, and request The court suspended the infringement proceedings. If the design is declared invalid, infringement will naturally not be established. Of course, if the request is invalid, corresponding evidence and legal basis will be needed.

4. Of course, if you are just a seller, If you can explain the legal source of the product and do not know about the infringing product, your responsibility is only to stop the infringement without compensating for losses.

In court, to determine whether a design patent infringement occurs, the first step to clarify is the scope of products protected by the design patent.

In practice, the design of the patented product shown in pictures or photos shall prevail. A brief description of the design is the scope of protection for the design. At the same time, in a design infringement lawsuit, the accused so-called infringer can require the plaintiff to provide the following things:

1. The design patentee can be asked to submit The "design key points drawing" of its appearance design explains the original parts and content protected by its appearance design.

Because the patentee has submitted a "design essential drawing" to China's national patent administration department when applying for a design patent, the patent file can be used as a recognized design Points.

2. If the design patentee requests color protection, relevant evidence recognized by China’s national patent administration department should be produced in court to determine the appearance. Design scope of protection.

If you have other legal questions, please feel free to consult the relevant lawyers on the Legal Savior Network.