The National Intellectual Property Administration has declared the invention patent of Mindray Medical invalid. Recently, the patent invalidation case jointly handled by Beijing Sanju Sunshine Intellectual Property Agency Co., Ltd. and Beijing Yiju Law Firm on behalf of Shenzhen Comen Medical Equipment Co., Ltd. has been concluded. The National Intellectual Property Administration made the Patent Invalidity Decision No. 563341, declaring all the patent rights of the invention patent No. 201010501396.X, "A Ventilation Mode Switching Device, Method and Anesthesia Machine, Respirator" owned by Shenzhen Mindray Bio-Medical Electronics Co., Ltd. invalid.
Article 22, Paragraph 3 of the Patent Law stipulates that inventiveness means that compared with the prior art, the invention has prominent substantive features and significant progress, and the utility model has substantive features and progress.
If the technical solution claimed by a claim differs from the technical solution disclosed in the closest prior art document by a distinguishing technical feature, but this distinguishing technical feature is disclosed in other prior art documents and serves the same purpose, and a person skilled in the art can obtain the claimed technical solution without creative effort based on the existing evidence, then the technical solution lacks inventiveness.
In this case, claim 1 of the patent requests protection for a ventilation mode switching device. Document 1 discloses a multi-level user interface for a respiratory assistance system. The difference between the two lies in that the current ventilation mode, the pending ventilation mode, and other available ventilation modes are simultaneously displayed on the touch screen. Based on this distinguishing technical feature, it can be determined that the technical problem actually solved by claim 1 of this patent compared to Document 1 is how to make the three states of ventilation modes clear at a glance and facilitate operation.
Document 4, titled "User Manual for Critical Care Treatment Respirator", specifically relates to a respirator capable of switching between multiple ventilation modes, and its technical field is the same as that of this patent. Document 4 discloses that the current ventilation mode, the pending ventilation mode, and other available ventilation modes are simultaneously displayed on the touch screen, making the three states of ventilation modes clear at a glance and facilitating operation, that is, Document 4 discloses the above distinguishing technical feature and provides an indication to apply it to the closest prior art.
Therefore, obtaining the technical solution of claim 1 of this patent based on Document 1 in combination with Document 4 is obvious to a person skilled in the art, and claim 1 of this patent lacks inventiveness in view of the combination of Document 1 and Document 4.
