What are the methods for judging the infringement of design patents?

What are the methods for judging the infringement of design patents? The determination of design patent infringement should be based on the aesthetic observation ability of ordinary consumers, so what are the determination methods of design patent infringement? What are the methods for judging the infringement of design patents? Generally, the following methods are used to judge whether the designs are the same or similar: 1. Judging whether the accused infringing product is the same as or similar to the patented product of design by naked eye observation should be based on whether the ordinary consumer will be confused when observing with the naked eye. For the part that cannot be observed with the naked eye, it is impossible to analyze and compare it with instruments or chemical means. Observation should be based on the similarity and difference of the easily visible parts of the product. 2, isolated observation, direct comparison In the specific judgment, first of all, the patented product of design and the accused infringing product should be placed separately, and there should be a certain interval in time and space when observing. This isolated observation method can make the judges have an intuitive feeling about the two products, which is the first impression. Secondly, put the two products together, and the judges will directly compare and analyze the designs of the two products, so as to describe their similarities and differences, upgrade perceptual knowledge to rational knowledge, and finally draw a conclusion whether they are the same or similar. 3, overall observation, comprehensive judgment to judge whether the appearance design of the accused infringing product is the same as or similar to the patent design, not only from the local appearance design, or separate the various parts of the appearance design, but from the whole, all its elements should be observed as a whole, and on the basis of overall observation, the main composition and innovation of the appearance design of the two products should be comprehensively judged. What are the methods for judging the infringement of design patents? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.