CLASSIC CASES
Design
Date:2017-06-02        Source:
The subject design patent relates to a product of two-part structure, including an upper bulb portion and a lower base portion. After an intensive search, the team of YUHUA UNITED found two pertinent prior arts, one of which includes an identical bulb portion and a different base portion while the other includes an identical base portion and a different bulb portion. During the oral hearing, the patentee emphasized that the subject design is a new combination expressing different appearance. In response to this, the team illustrated that the subject design is an ordinary combination of current designs, with no distinguishing visual effect. Finally, the Collegiate Panel ruled the subject design patent invalidated.
In the following administrative litigation initiated by the patentee, the team again clearly illustrated the invalidation grounds, and as a result, the Beijing IPR court upheld the invalidation decision.