Is the similar appearance of bottles infringing?

First, the bottles are similar in appearance, and those that meet the criteria for infringement can be identified as infringement. 1. Judgment premise: determine whether the accused infringing products and patented products belong to the same category, and those that do not belong to the same category cannot be compared. Judging similar products should be based not only on the international classification of appearance design, but also on the classification standards of general commodities. When considering the protection scope of design and judging whether there is patent infringement, we should first pay attention to whether the accused infringing product and the patented product of design will actually be confused in the market. 2. Judgment scale: It should be based on the visual and cognitive level of ordinary consumers, not on the aesthetic observation ability of professional and technical personnel in the field of design patent. The overall shape is consistent, and the visual effect is consistent; Local micro-inconsistencies, details that will not be noticed from the consumer's point of view will not be compared for similarity. 3. Comparison object: compare the infringing object with the shape, pattern and color displayed in the patent figure or photo to see if they are the same or similar. If the conclusion is affirmative, the infringement is established. If the conclusion is negative, it does not constitute infringement. 4, judgment method: overall observation, comprehensive judgment, highlighting important parts 5, comparison of use status: for products with changing status, that is, products with different shapes when selling and using. Two. Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 8 Where a design identical with or similar to the authorized design is used on a product identical with or similar to the patented design, the people's court shall determine that the alleged infringing design falls within the scope of protection of the patent right for design as stipulated in the second paragraph of Article 59 of the Patent Law. Article 9 The people's court shall determine whether the product types are the same or similar according to the uses of the design products. To determine the use of a product, you can refer to the brief description of the design, the international design classification table, the function of the product, the sales and actual use of the product and other factors. Article 10 The people's court shall judge whether the designs are identical or similar according to the knowledge level and cognitive ability of ordinary consumers of patented products. Article 11 When determining whether the designs are identical or similar, the people's court shall make a comprehensive judgment according to the design features of the authorized design and the accused infringing design and the overall visual effect of the design; Design features mainly determined by technical functions, and features such as materials and internal structures that have no influence on the overall visual effect of products should not be considered. The following conditions usually have a great influence on the overall visual effect of the design: (1) The part that is easy to be directly observed during the normal use of the product is relative to other parts; (2) The design features of the authorized design that are different from the existing design are relative to other design features of the authorized design. If there is no difference in the overall visual effect between the accused infringing design and the authorized design, the people's court shall consider it the same; If there is no substantial difference in the overall visual effect, it should be considered that the two are similar.