There are three steps:
1, to determine the scope of protection of design patents;
2. Determine whether the patented product of design and the infringing product belong to the same or similar goods;
3. Compare the design patent with the alleged infringing product.
Legal basis:
Article 61 of the Patent Law of People's Republic of China (PRC) stipulates that if a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of the product is different from the patented method.
The people's court or the administrative department for patent affairs involved in patent infringement disputes may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating relevant utility models or designs as evidence for hearing and handling patent infringement disputes.