Legal analysis: The main steps to judge the infringement of appearance patent are: 1. To judge whether appearance patents are similar, we should first treat them differently according to different shapes. 2. By direct comparison with naked eyes, there is not much difference in the external structure, and only a slight change in the local area can be judged as an infringing product. 3. The size, material and internal structure of products shall not be used as the basis for judging whether they are the same or similar.
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.