1. To determine whether the appearance patents are similar, we must first treat them differently according to their different shapes.

For example, three-dimensional shapes such as furniture and electrical appliances should be based on shape, supplemented by patterns and colors; carpets, wallpapers, floral fabrics, etc. should be based on patterns and supplemented by shapes; the difference in color is generally It does not alone serve as a condition for judging approximation.

2. Through direct comparison with the naked eye from the overall appearance, there is not much difference in the external structure. If there are only minor changes in local areas, it can be judged to be an infringing product.

According to the provisions of Paragraph 2 of Article 31 of the Patent Law on how to determine whether a design constitutes similarity, it was explained that “generally, upon overall observation, if other designs and the basic design If they have the same or similar design features, and the difference between them only lies in minor local changes, the usual design of this type of product, repeated arrangement of design units, or changes in color elements, the two are generally considered to be similar. Appearance design. ”

3. The size, material, and internal structure of the product shall not be used as a basis for determining whether the two are the same or similar.

When judging design infringement, although the size, production, and internal structure of the product are most likely to attract attention and are used as points of attention to determine whether they are identical or similar, these contents are not exactly design protection. content will be excluded during authorization review. Therefore, it will also not be considered in the infringement determination. In other words, when making an infringement determination, major changes, materials, and internal structure changes between the accused infringing product and the patented product will not be considered.

4. Purely functional designs will not be considered in appearance design.

For example, tires or basketballs. From a functional perspective, the specific attributes of tires and basketballs must be round. No one will change the tires of their car to square. Therefore, when we judge the tire appearance patent, the "circular" condition is not used as the basis for judging infringement, but more emphasis is placed on the stripes on the outside of the tire.