The criterion for judging the infringement of appearance patent is: 1. The appearance design of the product accused of infringement is basically the same as the patent appearance design in the main parts, and it is similar as a whole, and it is judged that the patent similar infringement is established; 2. The appearance design of the product accused of infringement is exactly the same as the patent, and it is judged that the same patent infringement is established; 3. Other standards.
Legal objectivity:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II) Article 14 When determining the knowledge level and cognitive ability of ordinary consumers on design, the people's court shall generally consider the design space of the same or similar products authorized by the design at the time of the alleged infringement. 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. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II) Article 15 If the design patent 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 scope of patent protection.