1, apply for design;
2. Apply for utility model;
3. Apply for invention.
To sum up, there are several ways to determine the design patent infringement:
First, direct comparison method.
1. directly compare the accused infringing products with patent pictures or photos.
2. Directly compare the patented product of design produced by the patentee or licensee with the alleged infringing product.
Second, the cross-contrast method.
Firstly, the accused infringing products are compared with known public products, and then compared with patented products. If the accused infringing product is closer to the patented product, it generally constitutes infringement; if it is closer to the known public product, it does not constitute infringement.
Third, the perspective comparison method
When comparing differences, look at the front view first, and then compare the side view or top view.
When judging whether a design product is infringing, we should observe and compare it from multiple angles, and finally comprehensively judge whether it is the same or similar.
Tort liability:
1, eliminating the influence
Step 2 apologize
3. Compensation for losses
According to the situation, when the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act in order to eliminate the adverse influence on the patented product.