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Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
The Brief Report on the Trial of Petition for Invalidation Cases in the First Quarter of 2021
In the first quarter of 2021, 1,635 invalidation cases are docketed, an increase of 55% year-on-year.
The below chart shows the patent type breakdown of the statistics
In terms of the nationality of invalidation petitioners and patent right holders, the docketed cases can be classified as below:
In terms of technical fields, the number of invalidation cases in mechanical engineering, electrical engineering and chemistry can be shown as below.
In the first quarter of 2021, 2,224 invalidation cases are concluded, and the proportion of each kind of decisions is shown as below. Wherein, patent rights are maintained under the condition that the examination decision maintains valid, the invalidation petition is rejected and petition is regarded as withdrawal regarded as withdrawal or petitioner withdraws the invalidation request.
Date: April 9, 2021
Source:The Reexamination and Invalidation Department of CNIPA