How to identify the infringement of appearance patent?

Criteria for judging the infringement of appearance patent;

1, which occurred after the design patent was granted;

2. Subjectively, the actor has the purpose of production and operation;

3. Objectively, the actor manufactures, promises to sell, sells and imports his patented product of design;

4. The infringement has caused the patentee to suffer actual losses;

5. Other standards.

legal ground

Article 11 of the Patent Law of People's Republic of China (PRC)

After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.