What should I do if the design patent is infringed?
A new design with aesthetic feeling and suitable for industrial application for the shape, pattern or combination of products and the combination of color and shape and pattern. Design refers to the design of industrial products, that is, the style of industrial products is the design patent. Patents What is a design patent? Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. It is completely different from the invention or utility model, that is, the design is not a technical solution. According to Article 2 of China's Patent Law, appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. What about appearance patent infringement? 1. The amount of compensation shall be determined according to the losses suffered by the patentee due to infringement or the benefits gained by the infringer due to infringement. 2. Reasonably determine the compensation amount with reference to 1 to 3 times of the patent license fee; The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, and there are patent licensing fees for reference. 3. According to the type of patent right, the nature and circumstances of the infringer's infringement and other factors, the amount of compensation is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan. The premise of this method is that the loss of the infringer or the interests of the infringer are difficult to determine, there is no patent license fee to refer to or the patent license fee is obviously unreasonable.