2. The design of the accused infringing product is basically the same as the patent design in the main part, and it is similar as a whole. According to the principle of equivalence, patent infringement is established.
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.
Identification of identity or similarity:
(1) The main design parts (key parts) such as shape, pattern and color are the same;
(2) The main design parts (main parts) of the elements are the same or similar, but the minor parts are different;
(3) The main design parts (key parts) of the two are different or similar.
Legal basis: People's Republic of China (PRC) Patent Law.
Paragraph 4 of Article 2, design, refers to a new design which is full of aesthetic feeling and suitable for industrial application, and is made of whole or partial shapes, patterns or their combinations, as well as combinations of colors, shapes and patterns.
Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.