How to judge the infringement of product packaging appearance

Product packaging appearance patent infringement is based on the scope of protection of design. If a product packaging appearance covers the above protection scope, it constitutes a patent infringement on the product packaging appearance. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.

legal ground

Article 64 of the patent law

The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim.

The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.