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 for both sides.
After accepting the request, I did a lot of searching and actively communicated with the client about the evidence and we found several existing designs that could be used to evaluate the involved patents, which laid a foundation for the successful invalidation of the involved patents.Then we used the invalidity reason that the patent involved was not significantly different from the existing design, and formulated various evaluation schemes by using the combination of single or multiple design features of each evidence.The first evaluation scheme was adopted by the invalid decision issued by the Department of Review and Invalid Trial, and the invalid Decision with No. 51635 finally declared all the patent rights involved in the case invalid.
After our client successfully invalidated the patent rights involved, we broke the patentee's market monopoly on the product.The product was then put into the public domain, and anyone could make and sell it, which was beneficial in many ways.For the client, it enriches the product range it can manufacture and sell, and eliminates the risk of infringement for the listing and promotion of its products;for other manufacturers, they are also free to produce this product, which promotes market competition.In terms of consumers, manufacturers compete through market regulation mechanism, which is bound to make the sales price of the product drop, which is helpful for consumers to obtain high-quality and inexpensive products;for the patentee, the loss of patent protection barrier does not mean that the patentee will withdraw from the market but means he could also compete with other manufacturers in the market.And because the patentee had a monopoly position in the market, he has accumulated a certain user group and reputation, occupying a favorable position in the competition.
