How to calculate the infringement of appearance patent

Legal analysis: if the appearance design of the accused infringing product is exactly the same as the patent design, the former is deemed to be within the scope of patent protection and patent infringement is established; 2. The design of the accused infringing product is basically the same as the patent design in the main part, and it is similar as a whole. According to the principle of equivalence, patent infringement is established. This is conducive to safeguarding the legitimate civil rights and interests of equal civil subjects in civil activities.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.