How to judge the infringement of appearance patent

Legal analysis: How to judge the infringement of design patent: To judge whether it constitutes an infringement of design patent, we should start from the following aspects: (1) Determine the protection scope of design, which is subject to the design of patented products shown in pictures or photos, and we can understand the protection scope of design through a brief description of design. (2) In an infringement lawsuit, the patentee of a design shall submit a "design summary" of its design, explaining the original part and content of its design protection; If the patentee has submitted the "Outline of Design" to the national patent administration department of China when applying for a patent for design, the patent document can be used as evidence for identifying the outline of design.

Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).