On Determining Design Patent Infringement

With the development of commodity economy, there is growing awareness of the beautiful appearance of goods at the same time more and more emphasis on product design. More and more designs to be applied for the patent by the patent laws. At the same time of the design patent infringement disputes also showed a rising trend. Design patent infringement related to business disputes often huge economic benefits.In the fierce competition in the market if they can accurately determine whether a design infringement, on the one hand, you can discover the infringing products, as much as possible to reduce the losses suffered by infringement, safeguard their legitimate rights and interests; the other hand, know how to determine design and development process to avoid infringement of design patent, to reduce unnecessary disputes, is of great significance.This paper describes the legal analysis of the concept design.design patent infringement of the premise and scope of design patent protection, clear design patent infringement, and to explore the appearance of recognized the same or similar design like the various situations.According to the legal analysis and Weida Company v. Sanou Company case an empirical analysis. Discusses in detail the first trial on the same case and upheld the opposite reason. Analysis of cases found by our country on the lack of a design patent legislation.and pointed out the case design patent infringement should pay attention to.The patent system in China is an emerging thing, only a short history, the typical case is not much limited experience for reference. Design patents related to products. though only the appearance, but its significance can not be ignored, in design patent infringement problems arising in the judiciary should not be ignored. This paper analyzes a specific case of a design patent infringement jurisprudence and methods involved in, hoping for determining design patent infringement to provide a refernce.