Patent Reexamination Board under the State Intellectual Property Office of China recently, with respect to our client's utility model patent invalidation case represented by our firm, issued the decision in favor of our client, declaring all claims of Utility Model Patent No. 99258263.6 invalid. Thus our client won this invalidation case, all claims of this patent being successfully invalidated.
Brief information about the case:
One of our clients came to us for seeking assistance to invalidate a Chinese patent. We represented our client to file a request to the Patent Reexamination Board to declare this utility model patent No. 99258263.6 invalid. Through detailed grounds in paper and arguments in hearing, we represented our client to provide persuasive arguments, strong evidence and technical statements. The Panel of the Board upon examination determined to declare all claims of Utility Model Patent No. 99258263.6 invalid. This invalidation case took more than seventeen months.
Attorney's comments:
During the prosecution of a utility model patent application, the Patent Office will not examine the novelty and inventiveness. Therefore a higher percentage of utility model patents may be declared invalid later in the invalidating proceedings. Once receiving any warning letter about utility model patent infringement, one may consider to request the Patent Reexamination Board to declare the relevant utility model patent invalid.
