The petitioner, a Xiamen technology company limited, has requested invalidation of a design patent “foot massage machine (JM-05 Zuyishu)” of a Ningbo electrical company.
Uni-Intel was authorized to represent the patentee to handle this case, and finally the SIPO issued a Decision of Request for Invalidation No. 24544, announcing validity of the patent right.
The key point of the decision by the patent reexamination board lies in: the involved patent relates to an eggshell shaped foot massage machine, however, there were already a plurality of eggshell shaped foot massage machines in the market, therefore normal consumer may put more attention on the surface design of the upper shell and portions related to actual use when considering this type of product. The differences on protrusion pattern of the surfaces and on design of control panels between the involved patent and comparison patent are notable differences in the overall visual effect. Therefore, the involved patent and the comparison patent are not identical designs.