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Hengbo Helped The Client Successfully Defend Against The Invalidation Of The Patent "Fumigation Device For Criminal Investigation And Detection"
 Last update:2023-06-07  browse:139 viewed

On March 22, 2023, the China National Intellectual Property Administration issued the Invalidation Decision No. 560835 , announcing that Lu Lei's patent entitled "Fumigation Device for Criminal Investigation and Detection" remains valid.


After accepting the client's entrustment, the Hengbo team carried out a lot of meticulous preparation work, including successfully pointing out the defects of the other party's evidence and misunderstanding of the technology. In the end, the CNIPA decided to maintain the validity of the patent right.

 

The decision holds that: if there are distinguishing technical features between the technical solution claimed by a claim and the technical solution in the closest prior art, but the distinguishing technical features are not covered by other technical solutions in the closest prior art or other reference documents, and there is no evidence to prove that the distinguishing technical feature is common knowledge in the field, so the current evidence alone is not enough to affect the inventiveness of the technical solution.

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.