First, how many changes to Taobao's appearance patent are not considered infringement?
There is no clear similarity index to judge whether the change of appearance patent is infringement.
The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
Second, how to judge whether the appearance patent is infringing?
1, judge the subject
Should be the ordinary consumers of products related to design patents, whether the vision based on this group will cause confusion.
Step 2 judge the object
Whether there is infringement should be compared between the products involved and the patents involved, not between the products involved and the products of the patentee.
3. Product type
To judge whether the accused infringing products are the same or similar to the patents involved, we must first judge whether the related products are the same or similar in category.
Its judgment is based on the specific use or use scenario of the product (the judgment of product use can be determined according to the classification of appearance patents and product photos or pictures).
3. What are the conditions for complaining about the infringement of an appearance patent?
(1) There is an object of infringement: that is, the infringement must be a patented product or method protected by the patent law, and the implementation of a patent that has been declared invalid or abandoned does not constitute infringement;
(2) There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
(3) for the purpose of production and operation: that is, for the purpose of making profits, the patented technology is specially used for scientific research and experiments.
The act of manufacturing or using patented products or patented methods for non-profit purposes such as hobbies or personal use is not patent infringement;
(4) Without the permission of the patentee: If the act is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.