Abstract:

Relevant Chinese law provisions and divided views in examination practice The examination of cases of design patent invalidation often involves determination of design identity or similarity. Under the Guidelines for Examination as of 1993,the sub- jects or those from whose perspective the determination is made are the＂average buyers＂.In the Guidelines for Exam- ination as of 2001,they were changed into the＂average consumers＂.The specific provision of the Guidelines for Examination as of 2006 goes like this：＂the determination of design identity or similarity shall be made according to the knowledge and cognitive capability of an average consumer of the product incorporating the design being examined. Different kinds of design patent products have different consumers... having common knowledge of the designs incorporated in the same or similar products as that incorporating the design being examined.＂[第一段]