The other party provides sales records before the application date, and you provide earlier records. These are all evidences that can deny the novelty of your appearance patent. Even if there is an evaluation report, you can't complain about others' infringement. The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "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 colors, shapes and patterns." And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Generally speaking, the final evaluation report of the project feasibility study consists of six parts: first, the background and history of the project, mainly to find out the intentions of relevant departments and entrusted units for the construction project; Second, the necessity and reality of the project, mainly through market survey and resource survey to explain the social demand and forecast of the product, and explain the raw materials, fuel, water, electricity, transportation, geology, building materials, living facilities and so on; Thirdly, the feasibility study of the project is carried out technically, focusing on the selection of construction site, production technology, project scale, product scheme, organizational structure and production equipment. Fourthly, the feasibility study of the project is carried out economically, and the financial analysis (investment cost and production cost) and economic evaluation (cost and benefit) are explained; Fifth, the overall progress of the project implementation plan, project preliminary design and proposal; The sixth is the conclusion, which clearly puts forward the research opinions on the feasibility of the project. The final evaluation report must be prepared in accordance with the standards and requirements. The final evaluation report is generally planned by the competent department. Or the competent department and the construction unit shall issue a certificate to the consulting institution officially approved by the state. The entrusting unit signs a contract with the undertaking unit. The scope, preconditions, progress, payment method and cooperation mode of the research work are stipulated in the contract. If there is any problem, the arbitration department will investigate the responsibility according to the contract.