How to calculate the infringement of appearance patent

Legal analysis: When judging whether a design is infringing, we should follow the following three principles: 1. Comparing the pictures or photos indicating the design in the authorization announcement with the pictures or photos of the accused infringing design or the accused infringing design; 2. It is necessary to use the knowledge level and cognitive ability of ordinary consumers of patented designs to judge whether the designs are the same or similar; 3. Make a judgment after observing all the design features of the authorized design and the visible part of the accused infringing design, and considering all the factors that can affect the overall visual effect of the product design.

Legal basis: Article 11 of the Patent Law of People's Republic of China (PRC).

After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.