Jinyun's Patent Infringement —— How to Identify Design Patent Infringement

From the point of view of ordinary consumers, the design of patented products and the design of accused infringing products are observed and judged as a whole.

After comparison, the following three results may appear. The following information comes from Mingda Intellectual Property.

(1) If the design of the product accused of infringement is exactly the same as that of this patent, it is considered that the former belongs to the protection scope of the patent right and the patent infringement is established;

(2) The design of the accused infringing product is basically the same as the patent design in the main part, and the whole is similar. According to the principle of equivalence, the patent infringement may be established;

(3) If the design of the accused infringing product is neither the same nor similar to the design of this patent as a whole, it is deemed that the accused infringing product has not fallen into the protection scope of the patent right, and the patent infringement is not established.

In the trial practice of identifying the infringement of the patent right of design, attention should be paid to excluding the content that is not protected by design according to law. The contents to be excluded include:

1. The existing design content of the product before the patent application date of the obligee;

2. Internal structural features of products or external features determined by technical functions, etc.

3. Attention should also be paid not to extend the protection scope of design patents to technical ideas.