From “Dissimilarity” to “Significant Difference” – Recent Developments and Challenges in the Requirements for Design Patents in China

Abstract

In China, designs of industrial products are mainly protected by patent law. The third amendment to Chinese Patent Act in 2008 aims to improve the substantive requirements for design patent grants in two aspects: the introduction of the “absolute novelty standard”, and the substitution of “dissimilarity” with “significant difference”. Correspondingly, SIPO updated the guidelines for patent examination to further detail the determination of the “significant difference”. This article intends to contribute to the discussion on the changes and challenges in the substantive requirements for design patents based on the legislation, guidelines and case law. The focus lies on the new understanding of the “normal consumer” as reference person and the change of the comprehensive judgment approach.