如何用英文描述外观专利的侵权行为？

Infringement of Design Patents: How to Describe in English

Design patents protect the ornamental aspects of an invention, rather than its functional features. When it comes to describing the infringement of a design patent in English, it is crucial to provide a clear and detailed explanation. This article aims to guide you through the process of describing design patent infringement in English, ensuring that the description is comprehensive and legally sound.

Introduction to Design Patents

To begin with, it is essential to understand what a design patent is. A design patent is a form of intellectual property protection granted to the ornamental design of a functional item. Unlike utility patents, which protect the functional aspects of an invention, design patents focus solely on the appearance of the item. Design patents are valid for 15 years from the date of issuance.

Identifying Infringement

The first step in describing design patent infringement is to identify the infringing product. Here are some key points to consider:

a. Similarity: The infringing product must be substantially similar to the protected design. This means that the overall appearance of the infringing product must be confusingly similar to the patented design.

b. Intent: The infringer must have had knowledge of the patented design or should have reasonably been expected to know about it. This element is often proven through evidence of the infringer's access to the patented design or its widespread availability.

c. Market Competition: The infringing product must be in the same market as the patented design, meaning they compete with each other.

Describing the Infringing Product

When describing the infringing product, it is crucial to provide a detailed description that highlights the similarities between the infringing product and the patented design. Here are some guidelines:

a. Visual Comparison: Provide a clear and detailed visual comparison between the patented design and the infringing product. This can be done through side-by-side images, photographs, or diagrams.

b. Specific Elements: Identify specific elements of the patented design that are present in the infringing product. For example, if the patented design includes a unique shape, texture, or color, mention these elements in the description.

c. Contextual Information: Provide information about the context in which the infringing product is used. This can include the intended use, the market, and the audience.

Describing the Protected Design

Next, it is important to describe the protected design in detail. This will help establish the basis for comparison with the infringing product. Here are some points to consider:

a. Description: Provide a detailed description of the patented design, including its shape, color, texture, and any other ornamental features.

b. Drawings: Include drawings or illustrations of the patented design, if available. This will help the reader visualize the design and understand its unique aspects.

c. Prior Art: Discuss any prior art that may be relevant to the patented design. This can help establish the uniqueness of the design and demonstrate that it is not merely a copy of an existing design.

Establishing Infringement

To establish infringement, you must demonstrate that the infringing product is substantially similar to the patented design and that the infringer had knowledge of the patented design. Here are some steps to follow:

a. Evidence: Provide evidence that the infringer had knowledge of the patented design, such as through advertisements, marketing materials, or other documentation.

b. Expert Testimony: Consider obtaining expert testimony to support your claim of infringement. An expert can provide an opinion on whether the infringing product is substantially similar to the patented design.

c. Comparative Analysis: Conduct a comparative analysis of the patented design and the infringing product to highlight the similarities and differences.

Conclusion

Infringement of a design patent can be described in English by providing a clear and detailed explanation of the infringing product, the protected design, and the evidence of infringement. By following the guidelines outlined in this article, you can ensure that your description is comprehensive and legally sound, helping to build a strong case for design patent infringement.