Research On Design Space Of Design Patent

Design space is frequently used in Chinese design patent right determination and infringement judgment,since the reexamination decision No.2018 by Patent Reexamination Board of SIPO,but has been controversial ever since.The Supreme People's Court of P.R.C.has defined and illustrated the design space in the related administrative case;the latest interpretation of the Supreme People's Court has clearly required that the assessment of the knowledge and perception of the normal consumer usually shall consider the design space.Currently,Chinese patent law,implementing rules and examination manual do not ever mention the design space.An accurate understanding of the design space directly affects the right determination and infringement judgment of design patents.Therefore,this article tries to trace back to the origin of design space,clarify the nature and role of the design space,and put forward some suggestion about the current use of design space in design patent right determination and infringement judgment.