01 Case Information
A design patent (Industrial Design) refers to any new design of the shape, pattern or a combination thereof of the whole or part of a product, as well as the combination of color with shape and/or pattern, which is aesthetic and suitable for industrial application. According to Article 2 of the *Patent Law of China*, the carrier of a design itself is a product. To meet the needs of industrial production and market circulation, it is a prerequisite that the product has certain functions. A product with a design usually has both decorative and functional features, the proportions of which vary across different products and different periods, and the two features present a coordinated and unified relationship. The existence of functional features has certain inevitability and legitimacy. Whether functional features of a design should be excluded has also sparked diverse discussions and opinions in academic circles. However, from the perspective of judicial practice, the determination of functional design features will, to a certain extent, affect the right confirmation and infringement determination of design patents. This paper, in combination with Guiding Case No. 85 *Handheld Shower Head Case*, analyzes the determination of functional design features in disputes over design patent infringement.
