What is the legal basis for judging the infringement of design patents?

According to the legal basis for judging the infringement of design patents, many merchants will make design patents for companies that have designed or spent money on products to sell them better, but it is inevitable that some people will have the idea of registering design infringement. So what is the legal basis for judging the infringement of design patents? Legal basis for judging the infringement of design patent: 1. Determine the protection scope of the design. According to the second paragraph of Article 56 of the Patent Law, the scope of protection shall be subject to the patented product of design shown in pictures or photographs. 2. Determine whether the patented product of design and the infringing product belong to the same or similar products. It 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 a patented product of design has the same function and use as the product accused of infringement, it can be identified as the same or similar commodity. If they are different in function and use, it can be concluded that they are neither the same commodity nor similar commodities, so patent infringement will not be established. 3. Compare the design of the patented product with the design of the accused infringing product to determine whether it is the same or similar. The same design means that the shapes, patterns, colors and their combinations of the products constituting the design are completely consistent; Similarity in design means that the use of the design may cause confusion and make people mistakenly think that the product using the design is a patented product. This judgment is usually based on the eyes of ordinary consumers, observing and judging the design of patented products and the design of accused infringing products as a whole. According to the comparison results, determine whether it constitutes the same infringement, equivalent infringement or non-infringement.