Patent invalidation
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Lead: when a design patent is cited as evidence prejudicing the inventiveness of a patent for creation-invention, the disclosure of the drawings of the design patent should be deter...
I. Case Summary 1. Basic facts The applicant China Railway Engineering Group Co., Ltd. (hereinafter referred to as China Railway) is a mega corporate group owned by central governme...
We successfully maintained the validity of the invention patent ”Coaxial Connector” for our client

Guide: If a claim is substantially different from the evidence and the technical problems to be solved by the two are not the same, then the claim should be regarded as novel over the evidence.

Case brief: The patentee is one of the world’s leading manufacturers of electronic components. In July 2019, the petitioner field a request for invalidating an invention patent of the patentee for several reasons, of which one reason is that some of the claims had no novelty over Evidence 1 and 2 respectively. Entrusted by the patentee, after analysis, we argued that due to the limitations of literal expressions, it seemed that the petitioner’s claim was reasonable if some claims were mechanically and literally interpreted; however, the problems to be solved by the invention patent and Evidence 1 and 2, and their technical solutions and working principles were completely different, and the petitioner’s understanding and assertion of the scope of protection of some claims was unreasonable. In our opinion statement and the oral hearing, we explained in detail the differences between the two in the problem to be solved, technical solution, and working principle. Based on the disclosure in the specification, we clarified the scope of protection of the claims, and emphasized the substantial differences between the invention patent and the Evidence 1 and 2 and the presence of novelty in all the claims. The collegial panel supported our claim and made the decision of examination of invalidation request on January 21, 2020 where all the claims were maintained valid.

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