Xiaoyan Gu

Practice experience

Gu Xiaoyan is a former examiner of the Patent Office of the CNIPA. She has been engaged in the substantive examination and reexamination of patents for nearly 12 years, and is the backbone of the CNIPA. She has the dual qualifications of lawyer and patent attorney, has in-depth research on domestic and foreign intellectual property laws and regulations, and has accumulated rich experience in handling litigation and non-litigation cases in the patent field. In particular, she is good at patent invalidation and its administrative litigation, patent infringement litigation, patent infringement early warning /FTO, patent stability analysis, patent early warning consultation, patent training and patent value analysis in the mechanical and electrical field, and is good at providing comprehensive and optimal solutions to customers' intellectual property problems. Since practicing, lawyer Gu Xiaoyan has worked for Zhuhai Gree Electric Appliances Co., Ltd., Ningbo Fangtai Kitchenware Co., Ltd., TCL Air Conditioner (Zhongshan) Co., Ltd., Xiaoxiong Electric Co., Ltd., Guangdong Galanz Microwave Electric Appliance Manufacturing Co., Ltd., and Jiangsu Wode Agricultural Machinery Co., Ltd. , Zhongchuang Xinhang Technology Co., Ltd. and many other well-known enterprises provide professional legal services. So far, she has undertaken more than 300 cases of patent invalidation, patent invalidation administrative litigation, patent infringement litigation, and FTO projects.

Typical cases

● 1."A voice coil motor for driving a liquid lens and its lens group" patent invalidation case: selected as one of the

    top ten cases of patent reexamination and invalidation by the CNIPA in 2020;

● 2."Compressor" patent infringement lawsuit:the amount involved in the lawsuit is as high as 160 million yuan; 

● 3."A straddle-type vehicle and its engine arrangement" patent invalidation case: in the case of poor patent

    drafting quality, the rights have been successfully defended many times;

● 4.Administrative litigation case for patent invalidation of "stapling disc structure of foreskin cutting and

    stapling device": in the case of a low proportion of invalidation decisions in patent invalidation administrative

    litigation cases, the case was successfully reversed;

● 5.Patent invalidation and administrative litigation of "a safe injection needle": The litigation-involved decision

    found that the patent-involved patent was inventive, and after the first and second instance trials, the

    litigation-involved decision was successfully overturned from the perspective of inventivenessjudgment;

● 6.lnvalidation of Patent for "Motor Steering Mount" and Administrative Litigation: before entrusting this case,

    the client had entrusted a well-known domestic law firm to invalidate twice, but neither achieved the goal of

    allinvalidation, showing the top level of invalidation;

● 7.lnvalidation of Patent "Method for Automatic Detection of PG Motor Failure" and its administrative lawsuit:

    the amount of compensation for infringement in this case was as high as 90 million yuan, which successfully

 cleared the obstaclesthat the product encountered in the market for clients;

● 8.lnvalidation of the patent for "ball head that can be locked upside down": in this case,the patent in question

    was invalidated by the use of disclosure, and the retrieval of the use evidence and the construction of the

    evidence chain are the keys to success;

● 9.lnvalidation of the patent for "articulation joint cover of housing device": this patent is an authorized

    invention patent, and the patent right is relatively stable. Through the global patent search, a number of

    foreign patents have been successfully retrieved, and allclaims have been invalidated;

● 10.The patent invalidation case of "An Assembled Recyclable Soil Nail Wall Support Structure": through in-

    depth study of the case and unremitting efforts,the patent is successfully maintained and a good foundation is

    laid forthe client's later rights protection;

● 11.lnvalidation of a patent for "a working machine": the case was successfully invalidated through the use of 

    public channels, so that the client was exempted from the hundreds of millions of damages faced in the

    infringement procedure;

● 12.Patent invalidation and administrative litigation of "Blind mechanism and its air outlet device": the case

    was successfully invalidated, and the victory was maintained in the first-instance procedure, so that the client 

    was exempted from the 30 million yuan compensation faced in the infringement procedure.

Honours/Professional Research/Professional Skills

● 1.Backbone talents of the CNIPA;

● 2.Volunteer expert of intellectual property protection service expert of Beijing Patent Attorneys Association;

● 3.Intermediate Intellectual Property Attorney

● 4.Contributor of Defense and Defense of Patent Right Confirmation - Explanation of Patent Invalidation and 

     Administrative Litigation Cases, Intellectual Property Press, 1st edition in September 2020;

● 5."Analysis of Patent Technology Status of Waste Incineration Technology", Report on Status and Development 

    Trend of Patent Technology in Various Industries (2014-2015); 

● 6."Case Study Using Web Search", Review Newsletter, Vol. 18, June 2012;

● 7.Japanese Level 1/CET-6, with professional translation and proofreading ability.