Our Clients Win in Patent Reexamination Cases

Recently, our firm has successfully represented the interests of our clients in patent reexamination cases before the Patent Reexamination Board (PRB) of the State Intellectual Property Office (SIPO).

In June 2006, our firm was entrusted by a US lamp company to file two invalidation requests regarding design patents CN 03328105.X and CN 03328106.8 before the Reexamination Board of SIPO. After conducting a thorough search and analysis, our attorneys found relevant publications and submitted invalidation requests to the PRB timely. Upon oral procedure, the PRB declared that the above two design patents invalid.

Our attorneys did not only represent our clients successfully before the PRB but also in the administrative procedure in court.

ur client, a Danish company is the patentee of a patent which was announced invalid by the PRB upon the request of a Chinese company based in Shanghai for lacking the inventive step. Upon receiving the decision of the PRB, our firm set up a special team with experienced attorneys and experts in the field to deal with the case. After discussing with the client for several times, the client finally decided to file an administrative prosecution before the Beijing No. 1 Intermediate People's Court based on the supplemented relevant evidence.

The court accepted our arguments by ruling that the combination of the reference documents did not disclose all the technical features of the client's claims. Therefore, the invalidation decision made by the PRB was revoked.

According to the statistics, the percentage of the revoked invalidation decisions is less than 20 percent of the total submitted requests to the court and the percentage of the revoked invalidation decision for substantive reasons is even far less.