Comparison of Three Elements of Patent Infringement of Design

Compared with the three elements that infringe on the patent of design, design includes shape design, pattern design, design combining shape with graphics, design combining shape with color, design combining shape with color and design combining shape with color. Comparison of Three Elements of Patent Infringement of Design There are three elements in design, namely, the shape, pattern and color of the patented product of design. Among the three elements, shape and pattern are the basis, and color is attached to it. The color separated from the shape and pattern can not be used as a design scheme for patent protection of design in China's current patent law. In this sense, color protection is subordinate. When comparing the designs of two products, we should generally follow the order of modeling, pattern and color. When judging whether the design composed of shapes, pictures and colors is the same or similar, we must first judge whether the shapes are the same or similar. If the shapes are different and similar, it can be concluded that the designs are different and similar, and there is no need to compare patterns and colors. If the shapes are the same or similar, but they belong to the known prior designs, it should be further judged whether the patterns are the same or similar and whether the patterns are different, so that the appearance designs are different or not, and there is no need for color comparison; If the patterns are the same or similar, but belong to known prior designs, it is judged whether the colors are the same or similar. If the colors are not the same or similar, they do not constitute the same or similar design; if the colors are the same or similar, they constitute the same or similar design. Among the three elements, shape is the most important, and the comparison of shape should be the main way to judge infringement. If the appearance and shape of the product are initiated by the patentee, and the accused infringing product uses the shape and adds patterns, then no matter what patterns are added to the accused infringing product, it shall be deemed as infringement.