Patent Invalidation Proceedings (2)

Client: Xiamen Soothingware Sanitary Co., Ltd.

Cause of civil action: Patent invalidation

Acceptance Unit: Re-examination Board

Result: All of patent right invalidated

1. Summary of the case

Xiamen Soothingware Sanitary Co., Ltd. received from the Xiamen Intellectual Property Office an administrative investigation request of Xiamen Linchuang Sanitaryware Co., Ltd. v. Xiamen Soothingware Sanitary Co., Ltd. (Case No.: Min Xia Zhi Fa Chu Zi (2018) No. 19); in the administrative investigation request, Xiamen Linchuang Sanitaryware Co., Ltd. submitted the patent evaluation report as the reference evidence. After a review with Xiamen Soothingware Sanitary Co., Ltd., the technical solution seemed to open knowledge within the industry and did not possess patentability, and was related to a large number of Xiamen Soothingware Sanitary Co., Ltd.'s products.

In order to protect the reasonable operational rights and interests of Xiamen Soothingware Sanitary Co., Ltd., Xiamen Intenova Intellectual Property Agency Co., Ltd. was entrusted by Xiamen Soothingware Sanitary Co., Ltd. to conduct an invalidation search for the patent involved (grant publication no. CN206110278 U). After the search, prior art affecting the patentability of the patent involved was found and an invalidation request was made accordingly.

2. Summary of judgement

On October 18, 2018, the Patent Re-Examination Board made the decision to invalidate all of the patent right.