摘要
Under the revised Patent Law the final design patent invalidation examination proceedings have been changed into the final judicial examination proceedings.In the trial or cases of design patent invalidation,evaluation of the identicalness or similarity of a design patent and a qrior design (generally known as the “reference document”has always been the key to hearing cases of the kind.The three cases to be discussed in this article reflect respectively the judicial conception on, standards and principles (such as the principles of“holistic observation and comprehensive determination”and “essential partbased determination”)of the issue.Readers will see the specific application of the principles and standards.
Under the revised Patent Law, the final design patent invalidation examination proceedings have been changed into the final judicial examination proceedings. In the trial of cases of design patent invalidation, evaluation of the identicalness or similarity of a design patent and a prior design (generally known as the 'reference document' has always been the key to hearing cases of the kind. The three cases to be discussed in this article reflect respectively the judicial conception on, standards and principles (such as the principles of 'holistic observation and comprehensive determination ' and 'essential part based determination') of the issue. Readers will see the specific application of the principles and standards.
