Legal subjectivity:
1. Determine the scope of protection of design patent rights. According to the provisions of Article 59, Paragraph 2 of the Patent Law, the scope of protection shall be based on the patented design product shown in pictures or photos. 2. Determine whether the design patent product and the infringing product are the same or similar products. Usually the function and use of the product are used as the standard, and the classification of relevant goods in the International Design Classification Table (i.e. the Locarno Treaty) is referred to. If the design patented product and the product accused of infringement are identical in function and use, it can be determined that they are the same or similar goods. If the two are not identical in terms of functions and uses, it can be determined that they are both the same and not similar, and therefore patent infringement is not established. 3. Compare the design patent with the alleged infringing product, and make an overall observation and overall judgment on the patented design and the design of the alleged infringing product from the perspective of an ordinary consumer. Legal objectivity:
Article 68 of the Patent Law stipulates that the statute of limitations for infringement of patent rights is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement. If an invention patent application is published but before the patent right is granted, appropriate royalties are not paid for use of the invention, the statute of limitations for the patentee to demand payment of royalties is two years from the date when the patentee learned or should have learned that others were using his invention. However, if the patentee knew or should have known about it before the date of grant of patent right, the calculation shall start from the date of grant of patent right.