How to judge the infringement of design patent?

To judge whether it constitutes an infringement of the patent right of design, we should start from the following aspects: (1). To determine the scope of protection of design, we should take the design of patented products shown in pictures or photographs as the standard, and we can understand the scope of protection of the design through a brief description of the design. A) In an infringement lawsuit, the patentee of a design shall submit a "design summary" of its design, explaining the original part and content of its design protection; If the patentee has submitted the "Outline of Design" to the national patent administration department of China when applying for a patent for design, the patent document can be used as evidence for identifying the outline of design. B) Where the patentee of a design requests to protect the color, it shall produce relevant evidence recognized by the State Patent Administration Department of China to determine the protection scope of the design. C) The scope of protection of the patent right for design should exclude the design content that only plays the role of function and effect, but consumers can't see it in normal use or have no aesthetic effect on the product. (2) Examine whether the accused infringing product and the patented product belong to the same product. If they do not belong to the same product, it does not constitute an infringement of the patent right of design. Product similarity is the premise of judging the patent infringement of design, but it does not rule out that under special circumstances, the design between similar products can also be judged as infringement. Such as pattern, shape, color, etc. Our products, in fact, meet the characteristics of design patents with a little combination, and you can try to apply for a patent right. After the design patent is granted, according to the laws of China, the longest protection period is 10 year. This means that within 10 years, others can't use your patent without permission, otherwise they can be investigated for tort liability.