Invalidating a patent in china
The USPC has been a winner in all these cases due to their timely filing of invalidation proceedings before the Patent Reexamination Board of the State Intellectual Property Office (“PRB”), as well as timely registration of their trademarks and clever litigation strategy. The case started when USPC decided to invalidate a total of 7 patents filed and owned by plaintiff of the lawsuit, Mr. These design patents are: Table 1 From Table 1 above, Zeng received 3 design patents on the playing cards with July 24, 2007 as the earliest filing date among the the three (see 200730060301.4 patent).China employs an absolute novelty standard, and includes no grace period, so prior use or publication anywhere in the world will render the design un-patentable. design patens must pass a substantive examination, including a review of obviousness and prior art, but in China only a cursory examination is required, which looks into whether the application has been completed properly, drawings and power of attorney are attached, and the like. and other countries, in China the drawings may not include shading or broken lines to indicate non-essential features, so it may be prudent to eliminate non-essential features from the drawings to the extent possible.In theory, one may not patent a design that is merely an aggregate of two or more prior designs or design features and the design must be strictly ornamental, not functional, although courts sometimes appear to overlook those requirements. S., graphical user interface (GUI) designs – one of the three design patents found to be infringed in the Apple/Samsung case – may not be protected by design patents in China. The application must include either drawings or photographs of the design, along with a brief explanation used to interpret the drawings or photos and to indicate the essential portion of the design. Test for Infringement The test for infringement in the U.While that explanation sounds reasonable, in China there are additional factors and – as always – the picture is complex and uncertain, but it is perfectly clear that companies doing business in China, from manufacturing to sales, should seriously consider the roles design patents can play with respect to brand protection, counterfeiting and unscrupulous business practices.
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