Whether it constitutes an infringement of a design patent depends on whether the design of the accused infringing product is the same as or similar to the patented design that has been applied for. The identity or similarity here should mainly refer to the visual and aesthetic identity or similarity. It should be compared whether the appearance design of the product is the same or similar to that of the product accused of infringement: (1) If the main design parts (main components) such as shapes and patterns are the same, it should be considered as the same appearance design; (2) If the main design parts (main parts) in the constituent elements are the same or similar, and the minor parts are different, it shall be deemed as approximate design; (3) If the main design parts (main components) of the two are not the same or similar, they should be considered as different or similar designs.
Legal objectivity:
After Article 11 of the Patent Law of People's Republic of China (PRC) is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes. The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes Article 8 Where an identical or similar design as an authorized design is used on a product identical or similar to a patented design, the people's court shall determine that the accused infringing design falls within the scope of protection of the design patent right as stipulated in the second paragraph of Article 59 of the Patent Law.