Wonderful caseShu Zhiheng Dongguan intellectual property team successfully represented the invention patent invalidation case
Author |Sun Shutang, Zhou Jiali
Protect product innovation, make good use of ineffective initiative
Case background
When Guangdong XX Company sold its own equipment in the market, it found that the same type of products sold by other companies had invention patents, and then consulted our lawyers Sun Shutang and Zhou Jiali on whether their equipment infringed the patent rights of the other party.
Case handling process
After a comparative analysis of on-site infringement, the two lawyers believed that the product had a greater risk of infringement. In order to avoid subsequent infringement disputes affecting the normal operation of the company, the lawyers analyzed a large number of search work and concluded that the relevant technology had been disclosed before the patent application date, so the patent was highly likely to fail to comply with the provisions of Article 22 of the Patent Law and could be invalidated. Therefore, they suggested to Guangdong XX Company to take the initiative to file a request for invalidation of the invention patent.
Case result
Guangdong XX Company accepted the lawyer's opinion and entrusted lawyer Sun Shutang and lawyer Zhou Jiali to handle the matter. After the invention patent went through the process of invalidation request, oral trial and defense, etc., the State Intellectual Property Office issued a written decision on invalidation request on March 5 this year, accepting our request and declaring all the invention patents invalid.
Invalidation Request Review Decision
extended reading
Patents in our country are divided into three types: invention, utility model and design. Utility models and designs can be authorized after formal examination, so the stability after authorization is low, while inventions need to undergo strict substantive examination (including novelty, creativity and practicality), so the stability after authorization is high.
For authorized invention patents, due to the need to break through the substantive examination conclusion, the difficulty of invalidation is generally higher than that of utility models and designs. Invalid claimants need to provide more sufficient evidence to prove that the invention patent does not meet the patent authorization conditions.
author
brief introduction
Zhou Jiali
Zhiheng (Dongguan) Law Firm Partner Lawyer
Patent Agent
With more than ten years of experience in civil and commercial litigation and rich experience in intellectual property law, he is currently a partner lawyer and patent agent of Zhiheng (Dongguan) Law Firm. He has served as a perennial legal consultant to many governments and enterprises and institutions, and an expert in the expert database of Guangdong Patent Agency Association. He is mainly committed to the practice and research of intellectual property, company law and other legal fields, focusing on patent infringement, trademark infringement, patent and trademark authorization and confirmation, enterprise intellectual property planning and layout, intellectual property due diligence, trade secret protection, unfair competition and other professional technical litigation and non-litigation cases.
Sun Shutang
Zhiheng (Dongguan) law firm full-time lawyer
Patent Agent
With more than ten years of patent agency and rich experience in intellectual property law, he is currently a lawyer and patent agent of Zhiheng (Dongguan) Law Firm. He serves as an intellectual property legal consultant for many enterprises and an expert in the expert database of Guangdong Patent Agency Association, focusing on patent infringement, trademark infringement, patent trademark invalidation, enterprise intellectual property planning and layout and other professional technical litigation and non-litigation cases.
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