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Hengbo Assisted WYBOTICS Co.LTD To Successfully Defend Against The Invalidation Of The Patent Of "Swimming Pool Cleaning Machine Wall Touch Detection Device"
 Last update:2023-06-07  browse:114 viewed

On February 28 , 2023 , the China National Intellectual Property Administration issued Invalidation Decision No. 42700 , announcing that the patent right owned by WYBOTICS Co.LTD, entitled "Swimming Pool Cleaning Machine Wall Touch Detection Device" was partially invalid.

 

After accepting the entrustment of the client, the Hengbo team conducted a lot of in-depth analysis, and finally helped the client maintain the key content of the patent claims involving infringement.

 

It was decided that: if the technical solution of the claim is disclosed by the prior art, or has distinguishing features from the closest prior art, but there is a technical inspiration for applying the distinguishing features in the prior art, the technical solution of the claim is generally considered to be no novelty or inventive step. The patentee may choose to delete the above-mentioned claims to overcome the said defect, and the deleted claims shall be regarded as the patentee's acknowledgment that the said claims do not conform to the said provisions of the Patent Law from the beginning.

 

The claim citation relationship of this patent is complicated and involves many schemes. The Hengbo team carefully analyzed the relationships between the claims and the evidence, and finally decided to adopt the in-court deletion method to amend the original claim 34 after the part of the article is deleted, the valid claim 38 is still retained, maintaining the key claims requested by the client.

According to the law, if the petitioner refuses to accept the invalidation decision, he can file an administrative lawsuit with the Beijing Intellectual Property Court within three months.