The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
Infringement evaluation of similarity of appearance patent products;
1. Judgment premise: it is impossible to compare whether the accused infringing product and the patented product belong to the same product.
2. Judgment scale: It should not be based on the aesthetic observation ability of professional and technical personnel in the field of design patent. The overall shape is consistent, and the visual effect is consistent; Local micro-inconsistencies, details that will not be noticed from the consumer's point of view will not be compared for similarity.