If the patentee has submitted the outline of the design to the Chinese Patent Office when applying for a patent for design, the patent documents can be used as evidence for identifying the outline of the design.
2. Where the patent right of a design requests to protect the color, the obligee shall provide relevant evidence recognized by the China Patent Office to determine the protection scope of the design. When necessary, the court shall check the color content in the archives of China Patent Office.
3. Where the patent right for design requests to protect the color, the color requested for protection should be regarded as one of the elements limiting the protection scope of the patent right for design, that is, in the infringement judgment, the shapes, patterns, colors and their combinations contained therein should be compared with those of the accused infringing product one by one.
4. The protection scope of the patent right for design does not extend to the known design content that existed before the application date or priority date of the patent for design.
5. The protection scope of the patent right of 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 has no aesthetic effect on the product.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims. 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.