On April 26, the China National Intellectual Property Administration announced the top ten cases of invalid patent reexamination in 2023. Among them, the utility model patent invalidation case of a composite decorative panel represented by Gaowo Law Firm was selected as one of the top ten cases, and it is the only utility model patent invalidation case selected.
State Intellectual Property Office evaluation: The utility model patent for a composite decorative panel is invalid, and the conclusion of the trial is to declare all patent rights invalid. The panel in this case, based on a comprehensive analysis of new evidence, interpreted the application of the rule that contradictory evidence is sufficient to overturn the facts confirmed by the effective court, reflecting the importance of accurately determining technical facts in patent cases.
Case Introduction
This case is represented by lawyers Gao Wo, Liu Lindong, and Gu Xiaoyan.
Before I accepted the commission, there were three invalidation decisions (No. 51874, No. 59865, and No. 55538), all of which concluded to maintain the validity of the patent rights, and the civil infringement procedures involved in the patent had entered the second instance and were facing trial.
Faced with the difficulties and pressure of this case, Gao Wo's handling lawyer was calm and composed, with clear thinking and a targeted work approach:
1. Interpret relevant materials such as the patent in question, the first three invalidation decisions, and civil infringement judgments, and determine the technical solutions and key points for patent protection;
2. Compare the differences between the evidence used in the first three invalid cases and the patent in question, analyze the shortcomings of the old evidence, and clarify the search direction and strategy for the new evidence;
3. Deeply communicate with clients to understand the current situation of the industry and the case related information that clients have access to;
4. Retrieve and understand the current status of publicly known technologies in the industry.
Based on the above work, solid evidence such as WeChat Moments, foreign patent literature, and domestic books were ultimately found to solve the key issues identified in prior decisions and civil judgments. Ultimately, all claims of the involved patent were invalidated on the grounds of creativity.
Due to the high-level professional response of the lawyer I am handling, this case has been selected as one of the top ten invalid patent reexamination cases for the year 2023.
The invalidity of all patent rights involved fully demonstrates the profound experience and practical ability of Gao Wo Law in the field of intellectual property. The continuous trust and support of customers have become the driving force for Gaowo's continuous progress. We always adhere to the mission of wholeheartedly creating value for our customers, fulfilling our trust and mission, and creating value for our customers in the complex intellectual property battlefield.
Lawyer Liu Lindong: The difficulty of this case lies in the fact that the patent in question has maintained the validity of the patent right in the three previous examination decisions. As the patent examination follows the principle of non bis in idem, it undoubtedly increases the difficulty of providing evidence in this invalidation request case. Moreover, the Supreme People's Court denied the disclosure of relevant evidence in the effective judgment of the second instance of related civil cases, which further increased the difficulty of the case.
This case elucidates how to grasp the scope of facts confirmed by effective judgments in invalid procedures, as well as how to judge the rules and standards that are sufficient to overturn contrary evidence, which has demonstrative significance.
Decision Points
Decision point: For facts confirmed by a judgment that has already taken legal effect in a people's court, the parties do not need to provide evidence to prove them, except where there is evidence to the contrary that is sufficient to overturn them.
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Introduction