Invalidation Secured based on Mistranslation: The Key to Our Recent Trial Victory

In the invalidation procedure, there have always been disputes over whether amendments should be allowed after grant to correct a mistranslation in PCT applications, and whether such mistranslation would cause a patent to be declared invalid as being challenged of go-beyond-scope amendment. It seems inequitable to deny a patent of its technical contribution due to a mistranslation. On the other hand, permitting unconditional corrections after grant undermines the principle of public notice, harm...

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Our Success in Patent Invalidation: Challenging “Actually Solved” Technical Problem of Distinguishing Features

Our firm, in collaboration with Linda Liu Partners, has recently closed a lengthy patent invalidation case. After a seven-year journey through the invalidation declaration procedure before the CNIPA, the first-instance trial at the Beijing Intellectual Property Court, and the second and final instance trial before the Supreme Peoples Court, we successfully secured a final ruling declaring all claims of the subject patent invalid on behalf of our client, the petitioner. One major dispute concerne...

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Specific Considerations for “Overall Observation, Comprehensive Judgment” in Partial Design Comparison

The partial design regime was introduced for the first time in the fourth amendment to the Chinese Patent Law, which took effect in 2021. However, owing to the absence of corresponding provisions in the Guidelines for Patent Examination, examination of partial design applications did not begin until the first half of 2023. Only after the amended Implementing Regulations of the Chinese Patent Law and Guidelines for Patent Examination came into force in early 2024 can the examination framework for...

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