First, how many kinds of appearance patents should be different?
First of all, we should make a comparison from the category. Only similar products can be compared with each other. The category mentioned here refers to the subcategory in the international design classification.
Second, treat it differently according to different shapes. Such as tape recorders, televisions, vehicles and other three-dimensional modeling should be based on modeling, supplemented by patterns and colors; Carpet, wallpaper, printed fabric, etc. Should be based on patterns, supplemented by modeling; Generally speaking, the difference in color is not a separate condition for judging approximation.
Thirdly, when judging the color similarity, we should observe the aesthetic effect of the combination of color and modeling and the coordination of color and pattern on the whole product. For example, combination toys are different in shape, even if the color is the same, they are not similar.
Fourthly, the difference of product size, material and function is not the condition to judge whether the design patents are similar.
Second, how to determine whether the design patent is infringing?
Whether infringement is determined by the following criteria:
1. Determine whether the accused infringing product is similar to the patented product of design. If it does not belong to similar products, it generally does not constitute an infringement of the patent right of design.
2. The eyes of ordinary consumers are the standard for judging design infringement. Only the eyes of ordinary consumers here are objective and fair. Different goods have different consumers, so we should define their consumer groups according to the products of the case when making judgments.
Article 68 of the Patent Law stipulates that the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.
About "How many places are the appearance patents different?" Today, this question about intellectual property rights is introduced here for everyone. I hope the above content can help you. If you have any other questions about patent application, please consult a professional intellectual property consultant.