Recently, the Supreme People’s Court upheld the patent validity for “a long-span highway anti-glare isolation net” (patent number: 201720386235.8) in the final instance of the second instance. The patent protection process was represented by our patent attorney.

Background of Patent Validity Cases

The patent application for “A long-span highway anti-glare isolation net” was submitted in 2017. In 2021, the patent owner discovered infringement in the market and immediately cooperated with our firm to launch a comprehensive rights protection campaign.

Ongoing rights protection efforts

In the past few years, the infringer has continuously tried to challenge the validity of the patent and filed three invalidation requests. However, with the deep technical background and legal experience of our professional team, we have successfully provided strong support to the patent owner each time. After review by the State Intellectual Property Office, the validity of the patent right was maintained.

The infringer was dissatisfied with the decision of the State Intellectual Property Office and filed two first-instance administrative lawsuits. Our firm assisted the client in obtaining favorable judgments in both first-instance trials.

Victory of final ruling

After that, the infringer appealed one of the invalidation decisions to the Supreme People’s Court. Recently, the Supreme People’s Court made a final judgment of the second instance, rejected all the plaintiff’s requests, and upheld the first instance judgment, that is, the decision made by the State Intellectual Property Office that all patent rights are valid. This judgment once again affirmed the professional level of our firm in the process of patent application writing and rights protection.

Lessons from Patent Validity Cases

1. The importance of writing patent application documents: The initial patent application documents are the basis for patent rights protection in the next ten or twenty years. These black and white words play an extremely important role in rights protection activities. Comprehensive layout of application documents not only helps to pass the review at the application stage, but also plays a key role in subsequent rights protection.

2. Comprehensive preliminary preparation: Patent protection begins with adequate preparation. The initial preparation of technical documents and careful handling of the review process determine the stability of the patent in the face of legal challenges. Preparing response strategies for possible invalid reasons in advance can significantly increase the chance of success in safeguarding rights.

3. Perseverance in rights protection: When faced with infringement and invalidity challenges, the tenacity of patentees and agencies is crucial. Continuously providing legal support and resolute rights protection actions can effectively resist various challenges from infringing parties and ultimately safeguard the legitimate rights and interests of patent holders.

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

5. The importance of judicial procedures: By actively participating in administrative litigation and judicial procedures, the company achieved final victory in the Supreme People’s Court, demonstrating the key role of judicial procedures in patent rights protection. Firmly safeguard patent rights through legal means and ultimately obtain a favorable verdict.

6. 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 ensures the efficient advancement of rights protection actions.