Trial and Appeal Practitioners Study Group Report 2024 — Theme 5 (Designs)
Article information
Article type: Reports and activities
Category: Designs
Topics: Similarity of designs, Examination and appeal practice
First published on this site: 2026-10-11
Display/classification checked: 2026-10-11
Trial and Appeal Practitioners Study Group Report 2024 — Theme 5 (Designs)
[Similarity of designs: the person whose perspective governs]
Identifying the relevant person takes account of the nature, purpose and manner of use of the article embodying the design. If appearance determines an end consumer’s purchase, ordinary consumers are the relevant consumers. If shape derived from function determines purchasing, “experts,” in addition to ordinary consumers, may be the relevant consumers.
Ordinary consumers tend to emphasize the overall configuration and portions readily noticeable at a glance. Beyond the overall configuration, they tend to focus on the shape of portions important in deciding a purchase—those emphasized when selecting a design.
Experts tend to observe details, particularly portions related to function, functionally important portions and improvements.
*The study also considered whether the relevant person may differ between actions to rescind trial/appeal decisions and infringement litigation.
Original article (2025-07-27):
Update history
This history records actual publication, display, and classification changes made on this site.
2026-10-11: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
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