After the appearance patent is infringed, there are three solutions. As follows: 1. It should be that the other party applied for a utility model or appearance patent for the product and complained of infringement; 2, the utility model and appearance can be authorized without substantive examination, so the other party may use the product to apply for a patent but sue for infringement; This behavior is suspected of maliciously applying for patent protection and should not be protected by law. It is entirely possible to seek legal aid through proper channels.
legal ground
Article 59 of the Patent Law of People's Republic of China (PRC) 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 illustrate 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.