Legal analysis: my country’s patent law does not protect pure color patents, but the combination of color with product shape and pattern can obtain patent protection. There are currently three main types of color patents: pattern plus color, shape plus color, and pattern, shape plus color. Color protection will inevitably affect the scope of patent protection. Currently, there is no clear statement or guidance in theory or judicial circles as to whether color protection is required to expand or narrow the scope of patent protection. Some people believe that claiming color protection narrows the scope of protection, because the allegedly infringing product must have the same or similar shape, pattern, or combination thereof and the same or similar color to constitute infringement. Merely having the same or similar shape, pattern, or combination thereof does not constitute a claim for infringement. Protects color patent infringement. Another view is that color protection does not narrow but expand the scope of protection of design patents, because the parties applying for color protection actually require "protection of colors at the same time" rather than "protection of only colors or combinations of colors". Therefore, in Needless to say, when the shape, pattern, or combination of the alleged infringing product is the same as or similar to the patented product, it constitutes infringement. Needless to say, when the shape, pattern, or combination of the alleged infringing product is not the same as or similar to the patented product, if its color is the same, it also constitutes infringement. infringement.
Legal basis: "Patent Law of the People's Republic of China" Article 56 An invention or utility model that has obtained a patent right has significant economic significance compared with an invention or utility model that has previously obtained a patent right. If the implementation of a significant technological progress of significance depends on the implementation of the previous invention or utility model, the patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee. In the case where a compulsory license for implementation is granted in accordance with the provisions of the preceding paragraph, the patent administration department of the State Council may also grant a compulsory license for the implementation of the subsequent invention or utility model based on the application of the former patentee.