Determination Of Whether The Design Is Clearly Distinguishable

If a patented design is only a combination or replacement of design features of different parts of the same reference design of products of the same category by applying conventional design techniques such as centering and symmetry, the present patented design may be generally considered to be only slightly different from the reference design and have no unique visual effect.

Natural Person X is the patentee of a design patent for a "Screwdriver Storage Case" (hereinafter referred to as "the present patent"). Foshan A Factory filed an invalidation request with the CNIPA and submitted a Chinese design patent as Evidence 1, arguing that the present patent did not possess distinguishing features in view of the combination of Evidence 1 and other evidence.