Principles of judging the infringement of appearance patent

The principles for judging the infringement of appearance patent mainly include the following aspects: 1) Overall similarity principle: To judge whether an appearance patent is infringed, it is necessary to compare whether the appearance design described in the claim is similar to the overall appearance of the accused infringing product. 2) Ordinary designer principle: According to the knowledge, experience and common sense of ordinary designers, judge whether the patented design is original and whether the accused infringing product is similar to it. 3) Comprehensive judgment principle: comprehensively consider the number, importance, arrangement and combination of appearance features, and comprehensively judge the similarity. 4) Examination basis principle: When judging whether a patent is infringing, the examination basis submitted at the time of patent application shall prevail, and external data shall not be supplemented. 5) Normal use principle: When judging patent infringement, the appearance effect of the product under normal use should be considered. 6) Overall review principle: When judging infringement, local similarity should not be overemphasized, but overall appearance similarity should prevail.