See if you infringe others' appearance patent right or others infringe yours. If an enterprise infringes another person's appearance patent right, it depends on whether the enterprise has reasonable defense reasons, such as invalid defense, prior use defense, legal source defense, or existing technology defense. If there is a reasonable defense, the accused infringer can be exempted from compensation. If someone else infringes the design patent right of the enterprise, then the enterprise needs to collect evidence, and then decide whether to send a lawyer's letter or directly sue the other party. No matter whether others infringe on the patent right of design or the enterprise itself, it is necessary to make a patent evaluation report on the patent right of design first, and then hire professionals to make a comparative analysis of the infringement between the infringing product and the design on the design certificate to determine whether the infringing product belongs to the protection scope of the design patent.
legal ground
Article 6 1 of the patent law
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, 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.