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.
1. If the appearance design of the product accused of infringement is exactly the same as the patent, it is deemed that the former belongs to the protection scope of the patent right and the patent infringement is established.
2. The design of the accused infringing product is basically the same as the patent design in the main part, and the whole is similar. According to the principle of equivalence, patent infringement can be established.
3. If the design of the accused infringing product is neither the same nor similar to the patent design as a whole, it is deemed that the accused infringing product has not fallen into the protection scope of the patent right, and the patent infringement is not established.
patent law
Article 59? 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.