"Novel Features" of a Design Patent and Its Role in Design Patent Infringement Cases

According to the Design Patent Infringement Assessment Guidelines of the R.O.C. (“the Guidelines”), the steps for determining whether a product infringes a design patent are as follows: 1. Interpreting the claim scope; 2. Comparing the interpreted claim with the accused product to determine whether the product is visually identical or similar to the design; and 3. Judging whether the accused product has the novel features of the design. ... More