The criterion for judging the infringement of appearance patent is that the product type is the same as or similar to the appearance patent. Including unauthorized manufacture of patented products; Intentionally using a patented product of invention or utility model; Selling or promising to sell unlicensed patented products; Using patented methods and using, selling or promising to sell products directly obtained according to patented methods; Acts such as importing patented products or products directly obtained by patented methods.
Legal objectivity:
patent law of the people's republic of china
second
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
patent law of the people's republic of china
Article 23
The design granted the patent right does not belong to the existing design;
Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.