What are the conditions of appearance patent infringement Article classification: patent query Release date: December 13, 2019 09:40:11 Click through rate:
What are the conditions for the establishment of infringement of appearance patent? To determine that the accused infringing product has infringed the design patent right, it needs to meet the relevant conditions, then what are the conditions for the establishment of appearance patent infringement?
Conditions of appearance patent infringement
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What are the conditions of appearance patent infringement
（1） The accused infringing products should fall into the scope of patent protection of design
According to the patent law of China, the scope of protection of the patent right of design shall be subject to the patented product of design indicated in the picture or photo. Therefore, in order to determine whether the alleged infringement is infringement, the protection scope of the design patent right should be determined first.
1. The determination of the protection scope of the design patent right: the design indicated in the photo or picture shall prevail.
2. The brief description of the design can accurately limit the protection scope of the design.
3. Contents not covered by the patent right of design.
（2） The infringing product and the carrier product of the design shall belong to the same category
Article 56 of China's "patent law" stipulates that "the scope of protection of the patent right for design shall be subject to the patented product of design indicated in the picture or photograph." Therefore, the design protected by the patent law must exist on a certain product. If it is only a pattern, or a picture, or its combination, but not used on the identified product, the design itself cannot constitute a design patent, and belongs to the scope of copyright protection and is not subject to the Patent Law. The products mentioned here must be the products specified by the applicant at the time of application. A product must have a name. The product name used when applying for a design has nothing to do with the scope of protection of the product design, but it is related to determining whether the product belongs to the same category when judging the infringement of the design.