What is the criterion for judging the infringement of appearance patent?

The criterion for judging the infringement of design patent is to judge whether the accused infringing product and the design patent product constitute the same or similar. When judging the infringement of a design patent, we should take the eyes and aesthetic observation ability of ordinary consumers as the standard, not the eyes and aesthetic observation ability of professional designers in the field of design patent.

legal ground

Article 67 of the patent law

In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.

Article 68

In case of counterfeiting patents, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order it to make corrections and make an announcement, confiscate the illegal income and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.