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Relevant Chinese law provisions and divided views in examination practice The examination of cases of design patent invalidation often involves determination of design identity or similarity. Under the Guidelines for Examination as of 1993,the sub- jects or those from whose perspective the determination is made are the“average buyers”.In the Guidelines for Exam- ination as of 2001,they were changed into the“average consumers”.The specific provision of the Guidelines for Ex- amination as of 2006 goes like this:“the determination of de- sign identity or similarity shall be made according to the knowledge and cognitive capability of an average consumer
Relevant Chinese law provisions and divided views in examination practice The examination of cases of design patent invalidation often involves determination of design identity or similarity. Under the Guidelines for Examination as of 1993, the sub- jects or those from whose perspective the determination is made are the ”average buyers “. In the Guidelines for Exam-ination as of 2001, they were changed into the ”average consumers “. The specific provision of the Guidelines for Ex-mination as of 2006 goes like this: ” the determination of de- sign identity or similarity shall be made according to the knowledge and cognitive capability of an average consumer