A case involving infringement of design patent rights

2025-11-19

The case of infringement of the design patent rights between Shenzhen xxx Technology Co., Ltd. and Shenzhen Xinshiju Technology Co., Ltd. 


(1) Basic Facts 

Shenzhen xxx Technology Co., Ltd. filed a civil lawsuit with the Shenzhen Intermediate People's Court, claiming that Shenzhen Xinshiju Technology Co., Ltd. and xxx infringed upon its design patent rights. 


In this case, as the agent representing the defendant, we, based on a thorough understanding of the case details, filed an invalidation request against the plaintiff's design patent involved. After the National Intellectual Property Administration reviewed our invalidation request, it determined that the involved patent and the comparative design constituted substantially identical designs, which did not comply with the provisions of Article 23, Paragraph 1 of the Patent Law. Therefore, it issued the Invalidation Request Review Decision No. 510xx, declaring the involved patent invalid in its entirety. 


Later, the plaintiff submitted an application for withdrawal of the lawsuit to the Shenzhen Intermediate People's Court. The Shenzhen Intermediate People's Court lawfully ruled to grant the withdrawal of the lawsuit, and the case filing fee was borne by the plaintiff. 


(2) Typical Significance 

This case is similar to the one involving Guangxi xxx Technology Co., Ltd. and Shenzhen xxx Information Technology Co., Ltd. regarding infringement of a utility model patent. Both cases utilize the patent invalidation procedure to influence patent infringement disputes in litigation. The main difference lies in that the former case pertains to a utility model patent infringement dispute, while this case involves an infringement dispute of an appearance design patent. 


The two are essentially the same. It should be particularly noted that when determining the validity of a design patent, the criteria are different from those for invention or utility model patents. In practice, one should master and apply the methods for judging the validity of different types of patent rights.
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