1. What is the scope of protection of design patent rights?
1. The scope of protection of design patent rights shall be based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.
2. Legal basis: "Patent Law of the People's Republic of China"
Sixty-fourth The scope of protection of an invention or utility model patent shall be based on the content of the claims, and the description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
2. How to judge design patent infringement
To determine whether it constitutes an infringement of design patent rights, the following aspects should be considered:
1. To determine the scope of protection of a design, the design of the patented product shown in pictures or photos shall prevail. A brief description of the design can be used to understand the scope of protection of the design.
(1) In an infringement lawsuit, the design patentee shall submit a "design key point drawing" of the design to explain the original parts protected by the design. and content; if the patentee has submitted a "design key point drawing" to China's national patent administration department when applying for a design patent, the patent file can be used as evidence to identify the key points of the design.
(2) Design patentee requests color protectionIf required, relevant evidence approved by China’s national patent administration department should be produced to determine the scope of protection of the design.
(3) The scope of protection of design patent rights should exclude products that only serve functions and effects, and consumers cannot see or have no aesthetic impression of the product during normal use. The design content of the function.
2. Examine whether the alleged infringing product and the patented product are similar products. If they are not similar products, it does not constitute infringement of design patent rights. 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.
According to the provisions of the Patent Law, the scope of protection of design patent rights shall be based on the design of the product shown in pictures or photos. Brief description Can be used to explain the design of the product represented by the picture or photo. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
