Sunfree Lighting Limited is a high-tech manufacturer specialized in R&D and production of solar led street light

What is the appearance of lamps and lanterns of patent infringement?

by:SUNFREE     2021-02-12
1 appearance design patent infringement judgment. LED lights factory it is a solid cold light source, green pollution-free, less power consumption, high photosynthetic efficiency, long life, therefore, the LED street light will become the best choice of the road lighting energy saving reconstruction. LED street lamp which is a kind of based on semiconductor PN junction formation with a weak electricity can glowing efficient solid-state light source, in certain positive bias voltage and the electrical flow injection, injection of holes and injection P N the electronic after spread to have source area by the radiative recombination and emit photons, convert electrical energy directly into light energy. With authorization of appearance design of products identical with or similar to the same or similar appearance design, shall be deemed as infringement fall within the scope of patent of appearance design protection design. LED street lamp which is a kind of based on semiconductor PN junction formation with a weak electricity can glowing efficient solid-state light source, in certain positive bias voltage and the electrical flow injection, injection of holes and injection P N the electronic after spread to have source area by the radiative recombination and emit photons, convert electrical energy directly into light energy. ( 2) Infringement judgment for the design, the design drawings or photographs and authorization shall be in the notice of design of the infringement charged or prosecuted infringement to the drawings or photographs of the design of the comparison. Shall not be compared with the patentee submit patent product design. But the subject matter of a patent product with patent filing said in the drawings or photographs of the design product exactly the same. Or the patentee in the application for patent under the State Council for more clear understanding of the content and requirements of the drawings or photographs sample or model, unless the parties have no objection. 3. Design infringement judgment, it shall, through the general consumer's visual inspection are compared, and direct observation shall be through a magnifying glass or microscope and other tools. 。 However, if the design of products in the pictures or pictures be amplified, in comparison of infringement should also enlarge accordingly. 4. To design infringement judgment, should first check the alleged infringement product and designs whether belong to the same or similar types of products. 5. According to the design (the purpose of the product Purpose, using the state) , should determine whether the product type is the same or similar. When determining the purpose, may refer to the following factors to determine the related factors: design brief description and classification of the international design, product features, product sales, the actual use, etc. 。 。 If the design of the products and use of products ( For purpose, using the state) Not common, the design and the infringing products products do not belong to the same or similar products. 6. Determine if the infringement of the patent right for design basis should be the same or similar, but not in a way that is for the average consumer confusion or misunderstanding. 7. Design patent product of general consumers' knowledge level and cognitive ability, should be used to determine whether the design is the same or similar to, rather than the ordinary designers in the design patent belongs to technical field observation ability. Average consumer is assuming that 'man', should be defined from knowledge level and cognitive ability. Level refers to the average consumer of knowledge he before an application for a patent for design of the same or similar types of products and the design of the design technology of general knowledge.
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