How to judge the infringement of appearance patent? What are the judgment methods?

A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. So what should we do when we encounter the infringement of appearance patent? First of all, we need to know how to judge the infringement of appearance patent. What are the judgment methods? Let's introduce it to everyone. How to judge the infringement of appearance patent? What are the judgment methods? Method 1: To judge whether the accused infringing product is the same as or similar to the patented product of design by naked eye observation, it should be judged according to whether the ordinary consumer will be confused when observing with naked eye. For the part that cannot be observed with naked eye, it cannot be analyzed and compared by means of instruments or chemical means. Observation should be based on the similarity and difference of the easily visible parts of the product. Judgment method 2: Direct comparison In the specific judgment, the patented product of design and the accused infringing product should be placed separately, and there should be a certain interval in time and space when observing. This isolated observation method can make the judges have an intuitive feeling about the two products, which is the first impression. Secondly, put the two products together, and the judges will directly compare and analyze the designs of the two products, so as to describe their similarities and differences, upgrade perceptual knowledge to rational knowledge, and finally draw a conclusion whether they are the same or similar. Method 3: Overall observation and comprehensive judgment. Comprehensive evaluation of the main components and innovations of the two product designs. Comparative law, similar to the approximate judgment of trademarks, is currently recognized as the focus of comparison, to see whether the accused infringing products copy or imitate the original part of the obligee. There are two conditions that an accused infringing product constitutes infringement: First, the accused infringing product contains the original part of the design patent (that is, the innovation point). Second, the accused infringing product is the same or similar to the patented product of design on the whole. How to judge the infringement of appearance patent? What are the judgment methods? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.