How to identify the infringement of design patent

The infringement of design patent is identified as follows: 1. Determine the scope of protection of design patents. According to the second paragraph of Article 59 of the Patent Law of People's Republic of China (PRC), the scope of protection shall be subject to the patented product of design shown in pictures or photographs. 2. Determine whether the patented product of design and the infringing product belong to the same or similar products. Usually, it is based on the function and use of the product, and at the same time, it refers to the commodity classification in the international design classification. Where a patented product of design has the same function and use as the product accused of infringement, it can be identified as the same or similar commodity. If they are different in function and use, it can be concluded that they are neither the same commodity nor similar commodities, so patent infringement will not be established. 3. Compare the design patent with the accused infringing product, that is, observe the patented design and the accused infringing product from the perspective of ordinary consumers and make an overall judgment. After comparison, the following three results may appear: (1) The appearance design of the accused infringing product is exactly the same as this patent, so the former belongs to the scope of patent protection and the patent infringement is established; (2) The design of the accused infringing product is basically the same as the patent design in the main part, and the whole is similar. According to the principle of equivalence, the patent infringement may be established; (3) If the design of the accused infringing product is neither the same nor similar to the design of the patent as a whole, it is deemed that the accused infringing product has not fallen into the protection scope of the patent right, and the patent infringement is not established. The Supreme People's Court's Interpretation of Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes Article 8 the Supreme People's Court's Interpretation of Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes Article 10 the Supreme People's Court's Interpretation of Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes Article 11 People's Republic of China (PRC) Patent Law Article 2 People's Republic of China (PRC) Patent Law Article 59.