Legal basis: In the practice of Article 56 of the Patent Law of People's Republic of China (PRC), the following three steps are generally taken to determine the design patent infringement: 1. Determine the scope of protection of design patents. 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. Usually, it is based on the function and use of the product, and at the same time, it refers to the commodity classification in the international design classification. If the patented product of design and the product accused of infringement are not the same in function and use, it can be concluded that they are neither the same commodity nor similar commodities, so patent infringement is not established.