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2021-12-27 | News
The Gladiatorial Arena of Daily Necessities Manufacturing Enterprises -- Appearance Design Patent
The involved patent is a design patent named "shoes".I'm acting on behalf of the petitioner for invalidation, and the petitioner and the patentee compete with each other in the market.As for the daily necessities of the patent involved, the manufacturers generally monopolize the market through the protection of appearance design patent, and appearance design patent is also an important arena f...
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2021-12-14 | News
Should the invalidation procedure be suspended by the property preservation of patent right ?
Usually, when a patent is subject to property preservation, the Patent Office will take the action of suspending the patent related procedures. The scope of suspension includes:(1)Suspending the procedures of preliminary examination, substantive examination, re-examination, grant of patent right and invalidation of patent right;(2)Suspending such procedures as withdrawal of patent application, waiver of patent r...
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2021-11-16 | News
Gaowo Lawyer -- Brief Analysis of Estoppel Principle in Patent Litigation
In patent infringement litigation, it often appears that the patentee gives up a technical solution in order to obtain authorization or maintain the validity of patent at the stage of patent authorization or invalidation, but in the stage of infringement, in order to expand the protection scope of the claim and support their own claims, they declare that the above abandoned technical solution is included in the scope...
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2021-11-01 | News
Brief Analysis on the Symbolic Use of Trademark in the Procedure of Non-use Cancellation
The use of trademarks in the sense of trademark law refers to the use of trademarks in commodity packaging, containers and commodity transaction documents, or the use of trademarks in advertising, exhibitions or other commercial activities to identify the source of goods or services; the use of the trademark by the owner himself, the use by others with permission of the owner and any other use that does not violate t...
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2021-10-21 | News
A Brief Analysis of the Customary Design in the Invalidation Procedure of Design Patent
In the process of invalidation of design patents, the evidence retrieved by the invalidation applicant usually is not enough to fully disclose the design features of the patent involved, so there are more or less some distinguishing design features. In order to assert the invalidity of the patent involved, these distinguishing design features are usually classified as customary designs ...
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2021-09-27 | News
Determination of service invention in patent right dispute
A considerable part of the patent right disputes are related to service inventions, and the service invention interpretation of the patent law is : an invention made in execution of the tasks of the enterprise to which it belongs or made by mainly the use of the material and technical conditions of the enterprise to which it belongs is a service invention.The Rules for the implement...
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2021-09-13 | News
Expound the law by analyzing a case - design protects concrete design rather than abstract concept
In the case of invalidation of design patent, we will encounter such a situation that the evidence provided is completely consistent with the basic structure of the appearance of the patent involved, but the invalidation decision maintains the validity of the patent. Let's analyze the case below.Brief introduction of the case:This case is that company A requests for invalidation against company B for the des...
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2021-08-30 | News
How should distinguishing technical characteristics be divided?
The term technical characteristic is arguably the most commonly used term in the field of patents, and technical characteristics have an important influence on whether a product constitutes patent infringement and whether a patent application document is creative. In particular, the identification of distinguishing technical characteristics is an important step to evaluate whether a patent technology scheme is creati...
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2021-08-16 | News
Analysis on the Proof of Patent of
In tort proceedings, evidence is always a point of contention between defenders.Generally speaking, the burden of proof for civil litigation is assigned according to who claims who provides proof. According to this rule, for patent infringement involving manufacturing method, the patentee needs to prove that the manufacturing method of the infringing product is the same as that of the patented product. &nbs...
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2021-08-02 | News
Interpret Article 47 of the Patent Law from the Judgment
Article 47 of the Patent Law regulates:Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning.The decision declaring the patent right invalid shall have no retroactive effect on any judgment or conciliation statement on patent infringement made and executed by the people's court, any decision on the settlement of a patent infringement dispute which has been per...
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