USB rechargeable mini flashlight
Application number: 29379922.6? Application date: June 12, 29
Applicant:? Wen Zhihua?
address:? 5115? Room 31, Block 4, Lane 1, Shuguang East Road, Qingcheng District, Qingyuan City, Guangdong Province?
inventor (designer):? Wen Zhihua?
primary classification number:? 26-2?
classification number:? 26-2?
the patent belongs to the patent of outer tube. The following is a picture of the design?
Determination of the infringement of design patent:
According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes
If a design identical with or similar to an authorized design is used on a product with a patented design, the people's court shall determine that the accused infringing design falls within the protection scope of the patent right for design as stipulated in the second paragraph of Article 59 of the Patent Law. ?
article 9 the people's court shall, according to the use of a design product, determine whether the product types are the same or similar. To determine the use of a product, you can refer to the brief description of the design, the international design classification table, the function of the product, the sales and actual use of the product and other factors. ?
article 1 the people's court shall judge whether designs are the same or similar according to the knowledge level and cognitive ability of ordinary consumers of patented products. ?
article 11 when the people's court determines whether the designs are the same or similar, it shall make a comprehensive judgment based on the design features of the authorized design and the accused infringing design and the overall visual effect of the design; Design features that are mainly determined by technical functions, and features such as materials and internal structures of products that have no impact on the overall visual effect should not be considered. ?
the following situations usually have more influence on the overall visual effect of the design:?
(1) The parts that are easy to be directly observed during normal use of the product are relative to other parts; ?
(2) The authorized design is different from other design features of the existing design. ?
if there is no difference in the overall visual effect between the accused infringing design and the authorized design, the people's court shall determine that they are the same; If there is no substantial difference in the overall visual effect, it should be considered that the two are similar.