Racing Ahead: The Anti-Glare Net Patent Big Victory

On a busy highway, vehicles whizz by, stirring up the green plants on the isolation belt and gently swaying their leaves. What is unknown is that behind this seemingly calm situation, a rights protection war is quietly going on. The protagonist of this war is the anti-glare net patent.

1.The birth of the anti-glare net patent

The story began in the spring of 2017.

Before 2017, when vehicles were driving on the highway, in order to prevent the oncoming headlights from interfering with the driver, it was usually necessary to set up anti-glare facilities in the isolation belt, generally plants, anti-glare panels, or anti-glare nets, among which anti-glare nets have outstanding advantages in terms of maintenance cost and anti-glare effect.

However, it also has obvious disadvantages: if the distance between the two columns of the anti-glare net is too long, the middle crossbar is easy to sag. In order to prevent sagging, more columns must be used and the distance between the columns must be shortened. As a result, the construction cost and the difficulty of workers’ construction have risen sharply, and there is a huge waste of resources.

In order to solve this problem, Mr. Ma and his R&D team have carried out research for several years and finally ushered in a major breakthrough in the spring of 2017. They knew that this achievement would definitely change the pattern of future market competition, and whether they could protect the hard-won R&D results became a very important matter. They contacted our senior patent agent.

After two months of careful retrieval, layout, and writing by the patent agent, the patent document was finally submitted this spring and then successfully authorized.

2.The Calm Before the Storm (Four Years Later)

As the days passed, Mr. Ma’s team began to be busy with market development and other projects. It seemed that this patent had become a pearl in their past success. But the storm came quietly – in 2021, a piece of news broke their calm. Anti-glare net products similar to their design appeared on the market. These products appeared in competitors’ bids without permission and even became popular on highways everywhere.

Obviously, Mr. Ma’s technological achievements were being infringed! They urgently contacted patent agents and patent litigation agents, hoping to regain the market that belonged to them through legal means.

In fact, Mr. Ma was very nervous at this time. It is said that patents are used to protect technology and markets, but he has not really defended his rights. Now he can’t see whether this patent can play a role.

3. The battle for the anti-glare net patent

The horn of rights protection was officially sounded. Bulu’s professional team, after careful strategy formulation, launched an attack on the infringer. Then, in order to deal with the infringement lawsuit, the infringer filed the first invalidation request with CNIPA.

Because the patent documents four years ago were made very carefully, the first invalidation ended in failure. At this time, Mr. Ma’s heart was slightly relieved, and he felt that the text quality of this patent was very high, and he lamented that the original agency fee was really not wasted.

However, the infringer was not reconciled to the first failure, and then filed the second and third invalidation requests, but each challenge failed to shake the validity of the patent. With his successive failures, Mr. Ma’s confidence became more and more full.

In fact, in this battle to defend rights, not only Mr. Ma has a firm will to defend his rights, but Bulu also shows excellent understanding at the technical level and accurate judgment at the legal level.

4.Anti-glare net patent challenge upgrade

Although CNIPA upheld the validity of the anti-glare net patent three times, the infringer still refused to accept the decision and filed an administrative lawsuit against CNIPA in the first instance. However, the court’s decision once again supported the validity of the patent. The infringer was unwilling to lose and finally appealed to the SPC.

For the patent attorney team, this was the final battle. In the SPC court, two commissioned patent attorneys appeared on behalf of the third party in this case (that is, the patent owner Mr. Ma), firmly and forcefully stated their position, cited many technical analyses and legal arguments, and faced the other party’s doubts and challenges. Afterwards, Mr. Ma said that he felt at ease in the SPC court.

5.Final victory

In the end, SPC rejected all requests of the infringer and upheld the original judgment. This victory is undoubtedly the greatest affirmation of the years of hard work of the agent team.

At the end of this story, the sun shines on the highway again, the infringed patent right of the “anti-glare net patent” is maintained, and most importantly, Mr. Ma’s “monopoly” position in the market is preserved.

The agent and Mr. Ma came out of the court, and the car was driving on the highway, with the anti-glare isolation net developed and produced by Mr. Ma in the middle. This is not only a legal victory, but also a spiritual baptism.

6.Lessons from the Case

Detailed patent application: The initial patent application document is crucial. It not only determines the approval of the patent, but also lays the foundation for future rights protection. Well-written application documents can effectively handle subsequent legal challenges.

Comprehensive Preparation: Effective patent protection starts with adequate preparation. Meticulous technical documentation and review response strategies are particularly important in the face of the law. Predictably considering possible invalid reasons and formulating response strategies can significantly increase the chance of successful rights protection.

Tenacious defense attitude: Patent owners and agents’ persistence is key in the face of invalidity challenges and infringements. Continuous legal support and firm rights protection actions can effectively protect the legitimate rights and interests of patentees.

The combination of law and technology: Effective patent protection not only relies on legal knowledge, but also requires a deep understanding of technical details. Agencies need to have both legal and technical expertise to navigate complex patent invalidation challenges.

The importance of judicial procedures: By actively participating in administrative litigation and judicial procedures, we finally achieved final victory, demonstrating the key role of judicial procedures in patent rights protection. Firm maintenance of legal means can ultimately lead to a favorable verdict.

Cooperation and trust: Close cooperation and high trust between the patentee and the agency are the foundation for successful rights protection. The agency’s deep understanding of and rapid response to the patentee’s needs ensured the efficient advancement of rights protection actions.