How to judge the infringement of appearance patent?

How to judge the infringement of appearance patent? Conditions for Infringement of Design Patent The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers tend to ignore the nuances of similar products, while professionals can easily distinguish them. So how to judge the infringement of appearance patent? Let's explain the judging criteria of appearance patent infringement first. How to judge the infringement of appearance patent? How to judge the infringement of appearance patent? When judging whether the accused infringing product is the same as or similar to the patented product of design, it is obviously unfair to the obligee from the professional point of view. Therefore, judging the infringement of design patents should be based on the aesthetic observation ability of ordinary consumers, not on the aesthetic observation ability of professional and technical personnel in the field of design patents. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, and if ordinary consumers still pay attention to confusion, it constitutes infringement. Taking ordinary consumers as the main body of infringement judgment does not require the people's court to investigate the opinions of real consumers when trying disputes over patent infringement of design, but requires the judge to put his position on the level of ordinary consumers to understand and perceive the similarities and differences of the comparison objects. Comparison method 1: judging whether the accused infringing product is the same as or similar to the patented product of design through naked eye observation should be judged according to whether the ordinary consumer will be confused when observing with the naked eye. For the part that cannot be observed with the 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. Comparative Law 2: Direct Comparative Law 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. Comparative method 3: overall observation and comprehensive judgment, and comprehensive judgment on the main components and innovations of the two product designs. Comparative law, similar to the approximate judgment of trademarks, is now more regarded as the focus of comparison, to see whether the accused infringing products copy or imitate the original part of the obligee.