The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of Chinese design patent No. ZL201730205645.3 (the ’645 patent) in an invalidation proceeding.[1] The PRID held that the patented designs are patentable because the more squared-off design of the ’645 patent is significantly different compared to the more rounded corners of the prior designs for smartwatches having square faceplate for “general consumers.” The PRID stated that it is common for a smartwatch to have a square faceplate and therefore “general consumers” would notice specific shape changes of the square faceplate and find the patented design “significantly different” from the prior design.
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Faceplate of the ’645 patent |
Faceplate of a prior design |
[1] No. 48204, see
http://reexam-app.cnipa.gov.cn/reexam_out2020New/searchdoc/decidedetail.jsp?jdh=48204&lx=wx.