The concept "design space" can be critical in the
infringement analysis regarding a design patent, as codified in a
judicial interpretation made by the PRC Supreme People's
Court. A recent case handled and won by LexField demonstrates
how the patent owner can proactively submit evidence showing a wide
design space defying the general assumption for a subject product
and thus winning a favorable judgment from the court.
Article 14 of the PRC Supreme People's Court's
Interpretation (II) on Several Issues concerning the Application of
Law in the Adjudication of Patent Infringement Dispute Cases
prescribes that, where the design space is relatively small, the
People's Court may hold that common consumers are generally
more likely to notice minor differences between different
designs. In practice, the alleged infringer would usually
invoke this article to argue that his design does not infringe the
asserted patent for noticeable minor differences in a small design
space.
