Such as furniture, electrical appliances and other three-dimensional modeling should be based on modeling, supplemented by patterns and colors; Carpet, wallpaper, printed fabric, etc. Should be based on patterns, supplemented by modeling; Generally speaking, the difference in color is not a separate condition for judging approximation.
Second, through direct comparison with the naked eye as a whole, there is not much difference in external structure, and only minor changes in some areas can be judged as infringing products.
According to the second paragraph of Article 31 of the Patent Law, this paper explains how to determine whether the designs are similar, and points out that "in general, if other designs have the same or similar design features as the basic designs, and the difference between them is only local subtle changes, the usual design of such products, the repeated arrangement of design units or only the change of color elements, it is generally considered as similar designs."
Three, product size, material, internal structure, shall not be used as a basis for judging whether the two are the same or similar.
When judging whether a design is infringing, although the size, manufacture and internal structure of the product are the most likely to attract attention, they are regarded as the points of attention to judge whether it is the same or similar, but these contents are just not the content protected by the design and will be excluded in the authorization review. Therefore, it will not be considered in the tort judgment. That is to say, when judging infringement, the major changes of the accused infringing products and patented products, the changes of materials and internal structure are not considered.
Fourth, pure functional design is not considered in the design.
For example, tires or basketball, from the functional point of view, the specific properties of tires and basketball must be round, and no one will change the tires of their cars to square ones. Therefore, in the judgment of tire appearance patent, the condition of "roundness" is not taken as the basis for judging infringement, but more attention is paid to the stripes outside the tire.