1. Judgment premise: determine whether the accused infringing products and patented products belong to the same category, and those that do not belong to the same category cannot be compared. Judging similar products should be based not only on the international classification of appearance design, but also on the classification standards of general commodities. When considering the protection scope of design and judging whether there is patent infringement, we should first pay attention to whether the accused infringing product and the patented product of design will actually be confused in the market.
2. Judgment scale: It should be based on the visual and cognitive level of ordinary consumers, not on the aesthetic observation ability of professional and technical personnel in the field of design patent. The overall shape is consistent, and the visual effect is consistent; Local micro-inconsistencies, details that will not be noticed from the consumer's point of view will not be compared for similarity.
3. Comparison object: compare the infringing object with the shape, pattern and color displayed in the patent figure or photo to see if they are the same or similar. If the conclusion is affirmative, the infringement is established. If the conclusion is negative, it does not constitute infringement.
4. Judgment method: overall observation, comprehensive judgment, highlighting important parts.
5. Use status comparison: For products with changing status, that is, products with different shapes when sold and used. Such as folding furniture (determine the shape of the use state) and wall-mounted mailbox (determine the "important position").