During the Intellectual Property Promotion Week of 2015, the Patent Reexamination Board of the State Intellectual Property Office published the "Top 10 Reexamination and Invalidation Cases in 2014". Two cases handled by CCPIT Patent and Trademark Law Office attorneys were elected therein.
- Invalidation Case against a Design Patent for Automobile (SUV)
We are attorneys of the petitioner, Volkswagen. The ground for invalidation is that the design patent is not significantly different from the prior design. In particular, the design patent is, on the overall shape of the automobile, nearly the same with the prior design of Volkswagen, except for a few changes in detail. The attorneys of CCPIT Patent and Trademark Law Office refined the general principle of "overall observation, comprehensive assessment" in assessing validity of a design patent, making it much more operable, and argued that the right of a design patent is to protect a design with certain creativity and different designing features shall be apportioned to the overall visual effect differently. In the procedure of trying an invalidation case against a design patent, based on the condition of the prior designs, the conclusion shall be made after having objectively distinguished the innovative and non-innovative features of the products.
- Invalidation Case against a Utility Model Patent "the Touch Graphics Structure of Capacitive Touch Pad"
This case has been deemed as a landmark for the upstream manufactures in mobile internet terminal industrial chain. The Patent Re-examination Board has made a reasonable definition on the protection scope of the claim, declaring that for those components without specific name but widely existing in prior art, any change of the components' name shall not affect the understanding of those skilled in the art to it functions and purposes.