1, the standards of design patent infringement are as follows:
(1) When judging the infringement of a design patent, we should take the visual and aesthetic observation ability of ordinary consumers as the standard, not the visual and aesthetic observation ability of professional designers in the field of design patent;
(2) Overall observation and comprehensive judgment are the main ways to judge design infringement.
2. Legal basis: Article 59 of People's Republic of China (PRC) Patent Law.
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 can 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.
2. What are the principles for judging the infringement of appearance patent?
1, principle of universal coverage. This is one of the most basic principles to judge patent infringement. When judging patent infringement, the principle of universal coverage should be applied first.
2. The principle of reciprocity. According to the principle of equivalence, if ordinary technicians in this technical field can think of it without creative intellectual labor after studying the patent owner's instructions and claims, they should be deemed as infringement if they are the same or basically the same in purpose, function and effect compared with the patented technology.