What constitutes an infringement of an exterior patent?
Appearance patent refers to the patent protection of product design, and infringement of appearance patent is the unauthorized use of another person's design. In determining whether an appearance patent has been infringed, it is necessary to consider a number of factors, which will be discussed in the following aspects.
First of all, it is necessary to determine the infringement demand to compare the scope of the appearance patent. The scope of the appearance patent is usually determined by the patent claim, which describes the specific content of the patent and the scope of protection. Only when the product design of others is similar to the content of the patent claim, it may constitute infringement.
Second, the similarity between the infringing product and the patented design should be considered. If the outward appearance of another person's product is so similar to the patented design that it is difficult for the average consumer to distinguish between the two, then it is likely to constitute infringement. On the contrary, if there is a clear difference in appearance between the two, it is unlikely to constitute infringement.
In addition, it is necessary to assess whether the infringing act is an unauthorized use. If another person has licensed the design of the patented design, then even if the products look similar, it does not constitute infringement. Therefore, when evaluating infringement, it is necessary to know whether there is a legitimate authorization.
Finally, it is necessary to consider the intent and effect of the infringing behavior. If another person's product design is merely coincidentally or unintentionally similar to the patented design, and has not caused actual damage to the patent, then it may not constitute infringement. However, if another person intentionally imitates the patented design and causes damage to the patent, then he or she should be liable for infringement.
In summary, in order to determine whether a patent on appearance has been infringed, it is necessary to take into account a number of factors such as the scope of the patent right, the similarity of the products, the circumstances of authorization, the intention and the impact, etc. Only when all these factors point to infringement can it be recognized as an act of infringement. Only when all these factors point to infringement can infringement be recognized. It is hoped that we can respect other people's patent rights when producing and designing products, so as to jointly create a market environment for fair competition.
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