In practice, the following three steps are generally taken to determine the infringement of design patents:
 1. Determine the scope of protection of the design patent right. According to Paragraph 2, Article 59 of the Patent Law, the scope of protection shall be subject to the design patent product shown in the picture or photo.
 2. Determine whether the patented product for design and the infringing product belong to the same or similar product. Generally, the function and use of the product are taken as the standard, and the international design classification table (i.e. the Treaty of Locarno) is referred to for the classification of goods. If the patented product for design and the alleged infringing product are the same in function and use, it can be determined that they are the same or similar goods. If the two are not the same in function and use, it can be determined that they are both the same or not the same, so that patent infringement is not established.
 3. Compare the design patent with the accused infringing product, and from the perspective of ordinary consumers, make an important observation and overall judgment on the design granted the patent and the design of the accused infringing product.
 Paragraph 2 of Article 59 of the Patent Law of the People's Republic of China, the scope of protection of the patent right for design shall be subject to the design of the product shown in the picture or photograph, and the brief description may be used to explain the design of the product shown in the picture or photograph.