Analysis On Mr. Lin Request The Declaration Of Mr. Wu Patent Invalid Case

The request for patent invalidation in patent infringement litigation is almost anecessary procedure when the patentee sue a unit or individual infringe of the patentto the patent administrative authority or the people’s court, the defendant almostwithout exception, in turn, request the Patent Reexamination Board to declare thepatent invalid for one or several invalidation reason. This case including five reasonsof patent invalidation.There are: specification is not clear and complete; claimsdoesn’t based on instruction book; the protection of the patent application does nothave the novelty; the protection of the patent application does not have the creative;the modifications of the patent applicant on the patent application documents beyondthe scope of the original claims and specification records. In the case of theinvalidation procedure have five Controversial points. The five points at issue are asfollows: first, whether the description and drawings of this patent are clear andcomplete; Second, whether the claims were based on instruction book; Third, theforeign evidence whether can be used to evaluate the novelty of the patent; Fourth,the foreign evidence whether can be used for evaluating the creativity of the patent;Fifth, the patentee modification of the original claims in the prior authorization of thepatent whether beyond the scope of the initial description and claims records. The riskof the patent was invalid from the following two factors: the first aspect, the writingof the patent application documents do not meet the patent law, patent lawimplementation rules and the relevant provisions of the patent examination guidelines;the second aspect, technical solutions for the protection of the patent applicationdocuments are not patentable, that is, does not meet the novelty, creativity andpracticality requirements. Recognizing the two factors of the generation of patentinvalid declaration reasons, we start from it to avoid the patent invalidation procedurein practical applications. On the one hand, starting from the point of view of thepractices of patent agents to improve the quality of the writing of the patentapplication documents; On the other hand, from the point of view of the patentabilityto improve the patent application documents required by the creative extent of theprotection of technical solutions. Whether it is to improve writing quality of thepatent application documents or to improve the degree of creative inventions, it isvery meaningful to try to avoid the patent invalid declaration request.