How to Invalidate Appearance Patent

Legal analysis: Design, according to the third paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products. There are three steps to determine the infringement of design patent: first, determine the scope of protection of design patent. Two, to determine whether the patented product of design and the infringing product belong to the same or similar goods. Third, compare the design patent with the accused infringing product.

Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.