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Hengbo Helped The Client Successfully Defend The Invalidation Declaration Of The Patent Rights Of “Motor And Household Appliances"
 Last update:2024-07-05  browse:461 viewed

On June 24, 2024, the China National Intellectual Property Administration issued Invalidation Decision No. 569548, declaring the patent rights entitled "Motors and Household Appliances" were partially invalid.

 

After accepting the client's commission, the Hengbo team conducted a lot of meticulous preparation work, including successfully pointing out the flaws in the other party's evidences and technical misunderstandings. Ultimately, the China National Intellectual Property Administration decided that part of the patent rights were invalid.

 

The decision held that: if the technical solutions in the amended claims can be directly and unambiguously determined by a person skilled in the art from the contents recorded in the original description and the claims, then such amendments are permitted. For an patent application or utility model application or patent right, when a person skilled in the art can obtain or summarize the technical solution claimed for protection by a claim from the contents fully disclosed in the description, then the claim is supported by the description. If the technical terms in the claims have a precise meaning for a person skilled in the art and the boundaries of the defined scope are clear, then the scope of protection requested by the claims is clear. If the technical solution claimed for protection by a claim has distinguishing features relative to the closest prior art, the above distinguishing features are not disclosed by other evidence, and there is no evidence that the distinguishing features belong to the common knowledge in the field, and the technical solution claimed for protection by the claim can produce beneficial technical effects, then the claim is considered to have creativity.

 

 

According to the law, if the patent owner is dissatisfied with the invalidation decision, he or she may file an administrative lawsuit with the Beijing Intellectual Property Court within three months.