The State Intellectual Property Office selects cases with a certain typical significance from the reexamination & invalidation annually and publishes them as the top ten cases of the year. Among them, No.4 and No.7 were represented by Sunshine IP International. This is the second time since 2018 that another two cases were selected by the State Office.
1.
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PATENT NUMBER
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ZL200880111892.5
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PATENT NAME
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Use of a beta blocker for the manufacture of a medicament for the treatment of hemangiomas
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APPLICANT
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Universite Victor Segalen-Bordeaux
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PETITIONER
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Yabao Pharmaceutical Group Co., Ltd.
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DECISION
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Maintain validity on the basis of modification
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Case Highlight: This case is a typical case of inventions for new uses of drugs, and has a demonstrative effect on the creative evaluation of "old drugs and new uses" inventions.
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2.
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PATENT NUMBER
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ZL201210253614.1
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PATENT NAME
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Distributed power harvesting systems using dc power sources
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APPLICANT
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Solaredge Technologies Ltd.
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PETITIONER
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HUAWEI
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DECISION
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Declared Invalid
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Case Highlight: The patent relates to the field of photovoltaics. It was decided to emphasize that the understanding of technical terms should be based on the disclosure of the patent and the usual meanings in the position of those skilled in the art to avoid excessive interpretation of technical terms.
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3.
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PATENT NUMBER
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ZL201520396790.X
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PATENT NAME
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Unloader and cell -phone glass processing center on panel
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APPLICANT
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Suzhou Hengyuan Precision CNC Equipment Co., Ltd.
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PETITIONER
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Shenzhen Create Century Machinery Co., Ltd.
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DECISION
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Remain Valid
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Case Highlight: The trial of this case highlighted that in the evaluation of inventiveness, it is necessary to examine whether there is technical enlightenment from the “whole” prior art, but not to simply pieced the existing prior arts together.
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4.
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PATENT NUMBER
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ZL201820385939.8
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PATENT NAME
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Drive voice coil motor of liquid camera lens and lens group thereof
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APPLICANT
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AP Photonics (DONGGUAN) Limtied
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PETITIONER
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HUAWEI
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DECISION
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Maintain valid on the basis of modification
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Case Highlight: The patent relates to liquid lenses, and it was decided that the novelty examination should focus on the integrity of the technical solution and accurately grasp the essence of the technical solution.
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5.
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PATENT NUMBER
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ZL01819676.4
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PATENT NAME
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Wireless Communication System
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APPLICANT
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Sharp Kabushiki Kaisha
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PETITIONER
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Guangdong OPPO Mobile Telecommunications Corp Ltd.
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DECISION
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Declared Invalid
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Case Highlight: This case interprets the application of the examination standards for claim amendments in the patent invalidation procedure.
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6.
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PATENT NUMBER
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ZL201830455426.5
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PATENT NAME
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A graphical user interface for a mobile communication terminal
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APPLICANT
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KINGSOFT Corporation Limited
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PETITIONER
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Shanghai Chule (Cootek) Information Technology Co., Ltd.
Shanghai Mentjia Network Technology Co., Ltd.
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DECISION
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Partially Invalid
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Case Highlight: The trial of this case involved the determination of the scope of protection of the graphical user interface. The decision emphasized that the determination of the interface view and interaction method requires an accurate judgment in combination with pictures and brief descriptions.
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7.
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PATENT NUMBER
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ZL02123000.5
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PATENT NAME
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Butylphthalide cyclodextrin or cyclodextrin derivative inclusion compound, preparation method and application thereof
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APPLICANT
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CSPC Zhongqi Pharmaceutical Technology (SHIJIAZHUANG) Co., Ltd. ; CSPC Pharmaceutical Co., Ltd.
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PETITIONER
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Yiying Zhang
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DECISION
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Remain Valid
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Case Highlight: This case is of reference significance for how to evaluate the inventiveness of the improved invention of known compounds. The decision emphasizes the mining of the technical information reflected behind the experimental data, and those skilled in the art should properly identify the technical contributions embodied in the experimental data.
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8.
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PATENT NUMBER
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ZL201580000024.X
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PATENT NAME
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Method and system for renting mobile power supply and renting terminal
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APPLICANT
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Shenzhen LDPOWER Tech Co., Ltd.
Beijing BOHE Wisdom Technology Co., Ltd.
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PETITIONER
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Shenzhen JIEDIAN Technology Co., Ltd.
ENMONSTER; YUCHONGBA Technology Co., Ltd.
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DECISION
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Remain Valid
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Case Highlight: This case is a typical case of patent examination in new fields and new formats. The decision emphasizes that when evaluating whether a business method invention has inventiveness, it is necessary to consider the interaction of technical features and non-technical features.
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9.
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PATENT NUMBER
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ZL201610534695.0
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PATENT NAME
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Flat Knitting Machine
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APPLICANT
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H Stoll Gmbh Co KG
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PETITIONER
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Shima Seiki Mfg Ltd.
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DECISION
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Remain Valid
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Case Highlight: This case provides an examination idea on how to accurately understand the meaning of specific technical terms, and clarifies the role of the “internal evidence” of the patent involved in accurately understanding the technical terms.
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10.
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PATENT NUMBER
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ZL00818966.8
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PATENT NAME
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Substituted oxazolidinones and their use in the field of blood coagulation
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APPLICANT
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Bayer Intellectual Property GmbH
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PETITIONER
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Nanjing Chia Tai Tianqing Pharmaceutical Co., Ltd.
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DECISION
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Maintain valid on the basis of modification
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Case Highlight: This case has a demonstrative effect in judging the inventiveness of compounds, and the decision emphasizes that it should be judged whether the prior art gives technical enlightenment for structural modification on the basis of examining the structure-activity relationship.
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Source: China National Intellectual Property Administration
