The patent right of design is similar but different. . . However, the application is filed late and the application is filed early, which is infringement. . How does the judge intend to sentence? . .

The patent right of design is similar but different. . . However, the application is filed late and the application is filed early, which is infringement. . How does the judge intend to sentence? . . What is the reason? . First, belonging to similar products is the premise of judging the infringement of design. 1. When judging the design patent infringement, we should first examine whether the accused infringing product and the patented product belong to the same category. If it does not belong to similar products, it does not constitute an infringement of the patent right of design. 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 of commodity sales and the objective actual situation, with reference to the classification table of design (international classification table of design). 3. Product similarity is the premise of judging design infringement, but it does not rule out that under special circumstances, designs between similar products can also be judged as infringement. Second, the eyes of ordinary consumers are the criteria for judging design infringement. 1. The judgment of design patent infringement should be based on the eyes and aesthetic observation of ordinary consumers. 2. As a special consumer group, ordinary consumers refer to the buyers or users of similar products or similar products with design patents. 3. Overall observation and comprehensive judgment are the main ways to judge design infringement. 1. Compare the design of the accused infringing product with the design of the patented product, and make overall observation and comprehensive judgment to see whether they have the same aesthetic feeling. (1) If all the constituent elements of the two are the same or similar, the court shall consider them to be the same design. (2) If all the elements of the two are not the same or similar, the court should regard them as different designs. (3) The main parts (major parts) of the constituent elements are the same or similar, and the minor parts are different, which shall be deemed as different designs. (4) The size, material, internal structure and performance of products cannot be used as the basis for judging the differences and similarities between them. However, the proportion factor between the parts can be considered. The comparison should focus on the main aesthetic design part (necessary part) created by the patentee and the corresponding part of the accused infringing product to see whether the defendant copied or imitated the original design part of the manuscript. 2. When comparing the accused infringing product with the patented design by isolated comparison and observation in different places, if it does or may cause misunderstanding among consumers, it can be concluded that the accused infringing product and the patented design are identical or similar in composition. Fourth, how to treat the product comparison in the judgment of design infringement. When judging infringement, the design of the product accused of infringement shall be compared with the design reflected in the picture or photo protected by patent; When the design of the patentee's product is the same as the picture or photograph, the design of the two products can also be directly compared.