The main composition and innovation of the design of the two products are different, which does not belong to infringement. A product that does not copy or imitate the original part of the right holder is not regarded as infringement. When comparing the designs of two products, we should generally follow the order of modeling, pattern and color. Among the three elements, shape is the most important, and the comparison of shape should be the main way to judge infringement. If the appearance and shape of the product were initiated by the patentee, but the product accused of infringement did not use the shape and added the pattern, it should not be considered as infringement.
legal ground
Article 31 of the Patent Law of People's Republic of China (PRC) An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.