How to identify the infringement of combined product design?

The identification of design infringement of combined products needs to comprehensively consider many factors, including product function, use, overall visual effect, innovation and so on. It is usually based on the function and use of the product, and at the same time, it refers to the classification of goods in the International Classification of Designs (namely the Locarno Treaty). If the design of the accused infringing product belongs to the protection scope of the patented design product, that is, the accused infringing design is the same as or similar to one of its designs, the court shall determine that the accused infringing design belongs to the protection scope of the patent right.

Specifically, for the design infringement of combined products, the following factors need to be considered:

1. Product combination status: judge whether the accused infringing product is the same as or similar to the patented product of design under the combination status. This requires a comparative analysis of the components of patented products and those of accused infringing products.

2. Easy-to-see parts of products: the similarities and differences of easy-to-see parts of products are used as the basis for judgment. When making a specific judgment, we should first separate the patented product of design from the product accused of infringement, and there should be a certain interval in time and space when observing it. 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. Product innovation: make a comprehensive judgment on the main composition and design innovation of the two products. If the accused infringing product contains the innovation of patented product, the accused infringing product can be identified as infringing product.

It should be noted that the identification of design infringement is mainly judged by the naked eye observation of ordinary consumers. For some parts that need to be analyzed and compared by means of instruments or chemical means, it is impossible to observe them visually and cannot be used as a basis for judging infringement.

To sum up, it is necessary to comprehensively consider the combination state, easy-to-see parts and innovations of the product to identify the infringement of the design of the combined product. If you have any questions or need further help, please consult relevant professionals.

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