How much infringement does the similarity of appearance patent reach?

How much infringement does the similarity of appearance patent reach? Recently, many people are paying attention to this problem. Judging patent infringement from the perspective of ordinary consumers is based on the aesthetic observation ability of ordinary consumers when judging whether the accused infringing product is the same or similar to the patented product of design. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, and if ordinary consumers still pay attention to confusion, it constitutes infringement.

The above passage sounds very confusing. In other words, ordinary consumers refer to people who buy and use patented products of design. In general, the meaning of "consumer" in the Consumer Protection Law is the same. However, for unusual consumer goods, such as building materials, machine parts, power tools, etc. Ordinary consumers are not their buyers and do not have the general knowledge and cognitive ability of this kind of goods. The subject who can make the same or similar comparison should be the specific consumer group of this kind of goods, that is, the people who sell, buy, install and use this kind of goods. Whether it constitutes an infringement of a design patent depends on whether the design of the accused infringing product is the same as or similar to the patented design that has been applied for.

The identity or similarity here should mainly refer to the visual and aesthetic identity or similarity. It shall be compared whether the appearance design of the product and the appearance design of the accused infringing product constitute the same or similar:

First, if the main design parts such as shapes and patterns are the same, they should be considered as the same design;

Two, if the main design parts of the elements are the same or similar, but the secondary parts are different, it should be considered as similar design;

Three, if the main design parts of the two are not the same or similar, they should be considered as different or similar designs.

The above is how much similarity infringement of appearance patent application is answered by Standard Beauty for you. If you have any other related questions, please contact online customer service.

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