The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers tend to ignore the nuances of similar products, while professionals can easily distinguish them. When judging whether the accused infringing product is the same or similar to the patented product of design.
From the professional point of view, it is obviously unfair to the obligee. Therefore, judging the infringement of design patents should be based on the aesthetic observation ability of ordinary consumers, not on the aesthetic observation ability of professional and technical personnel in the field of design patents.
For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, and if ordinary consumers still pay attention to confusion, it constitutes infringement.
Extended data:
Patent classification
1, valid patent
Generally speaking, a valid patent refers to a patent that is still in a valid state after the patent application is authorized. In order to make the patent in a valid state, the patent right is still within the legal protection period, and the patentee also needs to pay the annual fee according to the regulations.
2. Invalid patent
After an application for a patent is authorized, it is called an invalid patent because it exceeds the statutory protection period, or because the patentee fails to pay the annual patent fee in time, or any individual or unit requests to declare the patent invalid, and it is determined by the Patent Reexamination Board and declared invalid. Invalid patents are no longer binding on the use of the technology involved.
Baidu Encyclopedia-Design Patent