Legal analysis: It mainly depends on whether the shapes, patterns, colors and their combinations of patented products are similar. This similarity is enough to make consumers confuse and misunderstand the two products. The main contrast is thinking and patterns, and colors cannot be compared separately, but there is a sequence of comparison.
legal basis: article 11 of the patent law of the people's Republic of China, if a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
if a patent infringement dispute involves a utility model patent or a design patent, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.