2. Determine whether the patented product of design and the infringing product belong to the same or similar products.
3. Compare the design patent with the alleged infringing product.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) The term "design" as mentioned in this Law refers to a new design which is aesthetically pleasing and suitable for industrial application and is made of all or part of shapes, patterns or their combinations, as well as the combination of colors, shapes and patterns.
Article 64 Paragraph 2 The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to explain the content of the claim. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes.
Article 14 The people's court shall generally consider the design space of the same or similar product to which the design belongs at the time of the alleged infringement when determining the knowledge level and cognitive ability of ordinary consumers on the design. If the design space is large, the people's court can conclude that ordinary consumers usually don't easily notice the small differences between different designs; If the design space is small, the people's court may conclude that ordinary consumers are usually more likely to notice small differences between different designs.
Article 15 If the patent for the design of a complete set of products is the same as or similar to its design, the people's court shall determine that the alleged infringing design belongs to the protection scope of the patent right.
Article 16 If the patent for the design of an assembled product with a unique assembly relationship is the same as or similar to the design in the assembled state, the people's court shall determine that the accused infringing design belongs to the protection scope of the patent right.