Infringe on the patent right of design? What should we do?

Infringement of design patent right may apply to the local trademark office. Such behavior is invalid, or you can bring a lawsuit directly to the court. But in either case, it is necessary to make a reasonable determination of the infringement of this patent, which usually includes whether it belongs to similar goods. There are also three steps to determine the infringement of design patent: 1, and determine the protection scope of design patent. According to the second paragraph of Article 59 of the Patent Law, the scope of protection shall be based on the pictures or photographs of the patented product of design submitted by the patentee of design to the Patent Office when applying for a patent for design, including front view, top view and side view. Among them, the front view is the most important, because it can best reflect the beauty of design. When determining the protection scope of the patent right of design, we should also pay attention to finding out the elements that can reflect the aesthetic feeling of design from these views. 2. Determine whether the patented product of design and the infringing product belong to the same or similar goods. The identification method to judge China is usually based on the function and use of the product, and at the same time, it refers to the commodity classification in the International Classification of Designs (namely the Locarno Treaty). Where the patented product of design and the alleged infringing product are the same in function and use, they can be identified as the same or similar goods, and continue to compare the following 3. If they are different in function and use, we can conclude that they are neither the same goods nor similar goods, and then we can end our infringement judgment step and conclude that patent infringement is not established. 3. Compare the design patent with the alleged infringing product. That is to say, from the perspective 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: (1) The appearance design of the accused infringing product is exactly the same as this patent, so the former belongs to the scope of patent protection 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, patent infringement can be established. (3) If the design of the accused infringing product is neither the same nor similar to the design of the 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.