Home / datingwifes / Invalidating a patent in china

Invalidating a patent in china

They are issued for new technical solutions relating to a product's shape or structure, or a combination of the two, where it has a practical use.The patent requires less inventiveness and is awarded quickly and cheaply.Multinational companies, then, have clearly not switched their focus yet in China from more familiar full invention patents to the utility model patents. Though the protection they offer is weaker than companies might be used to, utility model patents can play a very important role.They can give you fast protection for your inventions.But companies should not just react to them, they should make them part of their own patent portfolio if they are serious about doing business in China.Unfortunately there is no easy answer to the question of prior art, particularly for those who are new to the patent field.Utility model patents, or 'petite patents', exist only in some countries.

Likewise, a reference or piece of knowledge will be prior art if it can legally be used to invalidate one or more claims of an issued patent during litigation.

Between 19 half of all patent requests in China were for the utility model patents.

Full invention patents only accounted for 19.9% of applications, and 87% of those applications were by foreign businesses.

But when the Wenzhou Intermediate People's Court rejected its arguments and awarded damages of million against it, that was not the only shock.

The most astonishing thing about the case to foreign eyes was that the patent in question had been granted with only a cursory examination and had cost just .


  1. The Patent Reexamination Board of China’s Patent Office issued a decision on 23 October 2015, invalidating Novartis’ patent on Imatinib Mesylate.

  2. On Tuesday, January 23, a US appeals court upheld a ruling that invalidated a crucial Johnson & Johnson J&J patent on its blockbuster rheumatoid arthritis drug.

Leave a Reply

Your email address will not be published. Required fields are marked *