Relative Proportions In Design Patents Can Be Used As A Basis For Design Comparison

Since the amendment of Patent Law in 2008, the novelty criteria in China has been raised to “Absolute Novelty Standard”. Absolute novelty means that an invention is new if it has not been used or disclosed anywhere in the world.

The Supreme Court, in its judgment of an administrative appellate case, clarified that the granted version of a design patent usually does not record or define specific length, width, or height values, so it is generally impossible to specifically compare the absolute values of length, width, or height between the patent at issue and the reference design. However, where the drawings or photographs of the design patent can demonstrate the relative proportions between different parts of the design, these relative proportions can be used as a basis for determining the similarities or distinctions between the patent at issue and the reference design.