1, in the case of real litigation, size modification also belongs to the scope of protection.
If you change the local shape, it depends on the size of the change. For example, if you apply for an appearance patent, it is a whole vehicle, and the other party just changes the tire pattern, which also constitutes infringement. Judging from the perspective of the whole car.
There are many human factors to judge whether an appearance patent is infringing. In litigation, if the judge thinks that the change is great, it is not approximate design and does not belong to infringement. If the judge thinks that the change is minor, it will be considered as a similar design and an infringement.
In addition:
The following is the Supreme People's Court's explanation on several issues concerning the application of law in the trial of patent infringement disputes. Please refer to.
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 based on 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.