5-外观设计相同和相近似性判断（5- same design and approximate judgment）.docVIP

5-外观设计相同和相近似性判断（5- same design and approximate judgment） Patent application location: SIPO Guide - fourth part of patent review reexamination and invalidation procedure to return the fifth chapter designs the same and approximate judgement 1. introduction this chapter mainly deals with the same design and similarity judgment object, relevant judgment subject, judgment principle, judgment and criterion etc.. 2. legal basis according to the patent law article ninth, article twenty-third, paragraph second of fifty-sixth, the implementation of the patent law of the third paragraph of article second and thirteenth rules formulated the provisions of the first paragraph of this chapter. 3. determine the meaning of the object in the object of the 3.1 judges determine whether designs are identical or similar when comparing objects called object of judgement. The judgment object is divided into the object and the first object in the post. After the object refers to the requested invalidation of a patent right is granted (hereinafter referred to as the design is than design); first object refers to the appearance design, is than application design before at home and abroad has been publicly disclosed in publications or has been publicly used in the country, or in design applications, than before in the application and after the date of application (including application) design patent released (hereinafter referred to as the prior design). 3.2 types of object of judgement in determining determine the type of object, should be based on the design of pictures, photos, articles to be determined; than appearance design, should also design according to whether the summary request contains color protection (i.e. requirements limit color) and a plane product unit pattern the two sides or four consecutive infinite boundary conditions (hereinafter referred to as the boundary is not limited to) and other content to be determined. Is there than the following six types of designs. (1)