Patent invalidation successful; infringement lawsuit overturned!

Received a patent infringement lawsuit with a claim of 500 million? Don't panic. A patent invalidation declaration could be your turning point.

1. What is a Patent Invalidation Declaration?

A patent invalidation declaration occurs when any entity or individual believes that a patent was granted in violation of the Patent Law and requests the China National Intellectual Property Administration (CNIPA) to declare the patent invalid. Once a patent is declared invalid, it is deemed never to have existed, thereby removing the legal basis for any infringement litigation.

II. Practical Cases

A manufacturing company was sued by a competitor for patent infringement, with damages sought of 500 yuan. After our legal team conducted an in-depth search and analysis, we discovered that the core technical solution of the patent had already been disclosed in foreign literature prior to its filing date. Based on this finding, we filed a request for invalidation with the China National Intellectual Property Administration (CNIPA). The patent was ultimately declared entirely invalid. The plaintiff withdrew the lawsuit. Our client not only avoided paying damages but also resumed normal business operations.

III. Strategy for Selecting Invalidity Grounds

Common reasons for invalidity include:

1. Lack of novelty: Identical technology was already disclosed prior to the filing date.

2. Lack of Inventive Step: The technical solution would be obvious to a person skilled in the art;

3. Insufficient disclosure in the specification: The technical solution cannot be implemented.

4. Claims exceed the scope of the original disclosure.

Selecting the most effective invalidity ground is key to success and requires professional patent search and analysis capabilities.

4. Cooperation with Infringement Litigation

1. Initiate invalidation proceedings as soon as possible after receiving an infringement lawsuit.

2. File a motion with the court to suspend proceedings pending the outcome of the invalidation declaration.

3. Simultaneously prepare a non-infringement defense as a contingency plan;

4. Pay attention to the deadline to avoid adverse consequences due to program delays.

Patent disputes are a strategic battle between technology and law. If you're facing a patent infringement issue, contact the Intellectual Property team at Fujian Ciji Law Firm. We leverage our expertise to secure the best possible outcome for you.