Application number: 200930079922.6? Date of application: June 2009-12
Applicant:? Wen Zhihua
Address:? 5 1 1500? 30 1 Lane 4, Shuguang East Road, Qingcheng District, Qingyuan City, Guangdong Province
Inventor (designer):? Wen Zhihua
Main classification number:? 26-02
Classification number:? 26-02
This patent belongs to the patent of outer tube. The following are pictures of the design?
Determination of appearance patent infringement;
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes
Article 8 Where a design identical with or similar to an authorized design is used on a product identical with or similar to a patented design product, the people's court shall determine that the alleged infringing design belongs to the protection scope of the design patent right stipulated in the second paragraph of Article 59 of the Patent Law. ?
Article 9 The people's court shall determine whether the product types are the same or similar according to the uses of the design products. To determine the use of a product, you can refer to the brief description of the design, the international design classification table, the function of the product, the sales and actual use of the product and other factors. ?
Article 10 The people's court shall judge whether the designs are identical or similar according to the knowledge level and cognitive ability of ordinary consumers of patented products. ?
Article 11 When determining whether the designs are identical or similar, the people's court shall make a comprehensive judgment according to the design features of the authorized design and the accused infringing design and the overall visual effect of the design; Design features mainly determined by technical functions, and features such as materials and internal structures that have no influence on the overall visual effect of products should not be considered. ?
The following conditions usually have a great influence on the overall visual effect of the design:
(1) The parts that are easily observed directly during normal use of the product are relative to other parts; ?
(2) The design features of the authorized design that are different from the existing design are relative to other design features of the authorized design. ?
If there is no difference in the overall visual effect between the accused infringing design and the authorized design, the people's court shall consider it the same; If there is no substantial difference in the overall visual effect, it should be considered that the two are similar.