The appearance of the two products is basically the same, and both have design certificates of appearance patents. How to judge whether there is infringement?

Belonging to similar products is the premise of judging the infringement of design. When judging the design patent infringement, we should first examine whether the accused infringing product and the patented product belong to the same product. If it does not belong to similar products, it generally does not constitute an infringement of the patent right of design. The appearance design of the accused infringing product is the same as that of the patented product. But if two products are not the same, it is generally impossible to compare, let alone judge the infringement. At this point, the identification of design infringement is completely different from that of invention and utility model patent infringement. Determining whether it is a similar product is the premise of judging the infringement of design. It is particularly important to determine this premise and judge whether the accused infringing product is similar to the design patent. 2. When examining whether the patented product of design and the infringing product belong to the same kind of product, it should be determined whether they belong to the same kind of product according to the classification habit and objective actual situation of commodity sales and referring to the classification table of design. Whether it is the examination of design patent authorization or the judgment of infringement, we should consider whether it is a similar product, and generally do not make cross-class judgment. However, in how to judge similar products, the standards adopted by authorization review and infringement judgment are completely different. In the authorization review, mainly according to the international classification table of design, we can see in the classification table what kind of product name is used when applying for a patent for a design product. Then, see if different subcategories of products have the same or similar design. If there are identical or similar designs before the application date, the application for design cannot be granted a patent right. In the infringement judgment, the product category is generally not determined directly according to the international classification of design. Because this does not conform to the rules for the occurrence and determination of infringement. When there is design patent infringement, the infringing product will not indicate which category the product belongs to in the international design classification. If the plaintiff insists on classifying infringing products, he may not necessarily agree as the accused infringer. Therefore, in judicial practice, it should be based on the evidence provided by the parties, according to the commodity classification rules and habits of the accused infringing products and design patent products, and according to the actual situation of commodity sales and consumer purchases, to determine whether they belong to the same category of products. The international classification table designed at this time can only be used as a reference. In the international classification of designs, 09 categories are packages and containers used for goods transportation or loading and unloading, and 28 categories are medicines, cosmetics, toiletries and utensils, depending on the products.