The petitioner, Mr. Wu, has requested invalidation of a design patent “Corner (LPS)” of Hu.
Uni-Intel was authorized to represent the petitioner to handle this case. After carefully collecting evidences and analyzing details, a request for invalidation was filed to the patent reexamination board. Finally the SIPO issued a Decision of Request for Invalidation No. 25189, announcing total invalidity of the patent right.
The key point of the decision by the patent reexamination board includes: the involved patent has a similar overall profile with the design after combining comparison design 1 and comparison design 2, the only difference lies in the bending extent, thickness of material and change of single color; although the side edge has different bending extents, however, when viewing from the overall cross section, the difference makes no sense to the overall shape, the difference in design does not possess significant influence on the overall visual effect; meanwhile, the change of single color does not possess significant influence on the overall visual effect either; therefore, the involved patent does not possess notable difference comparing with the combination of comparison design 1 and comparison design 2.