Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
2021 CNIPA’s First-quarter Report on Patent Invalidation
Voice: Mavis WANG
Project Administrator
Welcome to Linda Liu & Partners on air! This is Mavis.
We used to collect the information and statistics of China’s Patent invalidation from the commercial databases. Recently, for the first time, the Patent Reexamination and Invalidation Department (PRID) of CNIPA released the official statistics of invalidation request in the first quarter of 2021 in their WeChat Official Account.
In the first quarter of 2021, 1,635 invalidation cases are docketed with an increase of 55% year-on-year, among which 220 are filed against invention patents, 654 are against utility models and 520 are against design patents, accounting for 27%, 41% and 32% respectively.
In terms of the geographical distribution of invalidation petitioners and patent right holders, 98% of the invalidation petitioners are from China, and 13% of the patents owned by foreign entities become the target of invalidation request.
In terms of technical fields, 248 invalidation requests against invention patents are filed in electrical engineering, 115 in mechanical engineering and 77 in chemistry and biotech. And 279 invalidation requests against utility models are filed in electrical engineering, 341 in mechanical engineering, and 55 in chemistry and biotech.
In the first quarter of 2021, 2,224 invalidation cases are concluded, among which 21% of invention patents are totally invalidated and 15% are partly invalidated; 39% of utility model patents are totally invalidated and 16% are partly invalidated; 48% of design patent are totally invalidated. And the rest are announced maintaining valid under the condition that the patent right is upheld by PRID, the invalidation petition is rejected and petition is deemed as withdrawn or petitioner withdraws the invalidation request.
That is all for today’s topic and I hope the information could be useful. This is Mavis from Beijing. See you next time.
