The bear's paw feeds the sheep and quickly walks into the oral examination hall of the Beijing jury, followed by the intellectual property manager Asidaka, and there are still ten minutes before the oral examination.
"Tell me about the invalidity of two patents of North Company and Abe Company. What do you think is the key litigation point? "
"Director Xiong, these two patents of Abe Company were transferred from American Chinese Rye, and Rye did not submit a confidentiality review to the Chinese Patent Office in advance when applying for a patent in the United States. Therefore, the two patents that rye applied for and obtained authorization in China do not conform to the provisions of Article 20 of the Patent Law (any unit or individual that applies for a patent for invention or utility model completed in China to a foreign country shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council. )。 "
Director Xiong picked up a thick stack of data and looked at it for a while, and said with a serious expression.
"Director Xiong, please rest assured that the verdict of this patent invalidation case must be that we won the case. Even if Abe's ship director has strong public relations means, he can't escape the encirclement! "
Asidaka pulled the suit and tie around her neck confidently, thinking that for a graduate of a famous university in Beijing, there is still some confidence.
Members of the collegiate bench in front of the oral examination hall have quickly taken their seats, and four representatives from Abe Company on the right have also taken their seats calmly.
There was a tense atmosphere in the air, and the brows of the representatives of both sides were relatively tense.
Suddenly a voice from the collegiate bench broke the silence and the atmosphere relaxed instantly.
"According to the provisions of Articles 45 and 46 of the Patent Law, the oral hearing of Case No.20 * * * * * * 7" Multifunctional Smart Phone "involved two requests for invalidation with numbers of 4w * * 140 and 4w * * 147 respectively.
Judge Xiaohua solemnly read out the information about North's request to declare Abe's two patents invalid into the microphone.
"The first requester (4w * * 140): Jinhua Beixiang Technology Co., Ltd., the court appearance: bear's paw feeding sheep (IP director), the agency authority: the general agent, the first speaker: bear's paw feeding sheep, and the second requester (4w * * 147): the agent Asdaka. The first speaker: stop. "
"The patentee Hangzhou Abei Intelligent Technology Co., Ltd. appeared in court: captain (IP director), general agent; Sasha vujacic (head of patent department), general agent; Long (senior patent analyst), general agent; Wang Xiaowu (invalid litigation lawyer), general agent; The first speaker: Wang Xiaowu. "
The professor, a member of the collegial panel, looked at the front seriously and said loudly.
"Please state the reasons for invalidity and the use of evidence."
The bear's paw feeds the sheep, wipes the sweat on his forehead with a handkerchief and then squints at the captain and says.
"Dear Patent Reexamination Board of State Intellectual Property Office, our company Jinhua Beihang Technology Co., Ltd. submitted 19 pieces of evidence. According to the relevant provisions of the Patent Law and its detailed rules for implementation, our company believes that the claim 1-9 of the multifunctional smart phone does not conform to the provisions of confidentiality review and the provisions of Article 20 1 of the Patent Law. Claim 1-9 is not creative and does not conform to the provisions of the third paragraph of Article 22 of the Patent Law. "
The captain quickly looked through the relevant evidence and Chinese translation submitted by the North Company, and then said that he had no objection to the correctness and authenticity of the evidence.
Stop and wait for the other two to speak, and speak quickly in concise language.
"My client Asi Dhaka submitted 23 pieces of evidence. According to the Patent Law of People's Republic of China (PRC), my client thinks it is a multifunctional smart phone (hereinafter referred to as this patent);
1, the patent claim 1-9 does not conform to the provisions of Article 20 1 of the Patent Law;
2. Claim 1-9 does not conform to Article 26.4 of the Patent Law;
3. Claim 1-9 of this patent does not conform to the provisions of the third paragraph of Article 26 of the Patent Law;
4. The patent claim 1-9 does not conform to the provisions of the third paragraph of Article 22 of the Patent Law and is not creative. "
Sasha vujacic immediately stood up and said to Asidaka.
"With regard to the evidence submitted by the requester Asidaka, we only received the documents submitted on the request day, only the evidence 1- 18, and did not receive the supplementary opinions and attached evidence. Regarding other invalid reasons and evidence, we will submit an opinion statement after the court. "
Xiaohua, a member of the collegiate bench, opened the relevant documents and said.
"With regard to Article 20 1 of the Patent Law mentioned by the first applicant."
Feed the bear's paw to the sheep, and add it immediately.
"The patentee did not make a request for confidentiality review to China National Intellectual Property Administration, but applied for a patent to the United States without confidentiality review. Therefore, it does not meet the provisions of Article 20, Paragraph 1 of the Patent Law and shall be invalid. "
Wang Xiaowu calm comfortable coherent said.
"I object to the opinions stated by the first applicant. The applicant of this patent is rye, and the applicant of American patent is not rye. There is no evidence to prove that Rye is the same person as the applicant of the American patent. In fact, the inventor of this patent is the applicant of American patent, and the domestic patent was awarded to rye. At present, we have submitted the change of the description item and changed the inventor of this patent to Zhao. "
The bear's paw feeds the sheep, said chagrin.
"Abe claims that this patent was completed in the United States and there is no direct evidence to prove it."
Sasha vujacic's expression changed from nervous to natural and calm, and she immediately added.
"American patents are related to this patent. In fact, the inventor of this patent should be Zhao, which was completed in the United States. "
Standing and looking at the watch in your hand, then observing the expressions of people around you. He said quickly and confidently.
"The applicant and inventor of this patent are both rye, and have requested fee reduction and license, proving that this patent was completed by rye in China. Article 20 of the Patent Law is limited to inventions made in China, regardless of the nationality of the inventor. It is proved by consulting historical documents that the patent has not been subject to confidentiality review. We believe that the focus is whether this patent was completed in China, and we insist that this patent was completed in China. "
The captain looked at Wang Xiaowu, and Wang Xiaowu quickly added.
"We object to the statement of the second requester that the filing date of Zhao's provisional patent application in the United States is earlier than the filing date of this patent, so it was filed in China after the completion of the United States."
The professor, a member of the collegial panel, looked at both sides of the debate and said slowly after a while.
"adjourn for ten minutes."
Bear's paw feeds the sheep and walks out of the examination room quickly. He unbuttoned his suit and looked at the floor bleakly. The wind blew through the hair tip of the bear's paw and fed the sheep. Asidaka stood behind him, watching quietly. Their memory was taken back to five years ago.
"I am Patent examiners, People's Republic of China (PRC), and I swear to abide by the Patent Law of People's Republic of China (PRC), objectively, fairly, accurately and timely, faithfully perform the duties of examiners, respect inventions and creations, and strive to promote scientific and technological progress and economic and social development!"
It seems that the voice of those vows still echoes in my ears. Before doing corporate intellectual property, Asdaka and Bear's paw were herding sheep in Patent examiners.
It was a colorful autumn. Asidaka and Bear's paw feeding sheep are the same people from Patent examiners who joined N downtown. Together, they went through seven months of closed training like the devil, and successfully joined N City Center Bureau through trials.
"Asi Dhaka, your creative standard is too high, isn't it? Actually used six comparison documents to evaluate creativity? "
Senior examiner Xiaohua called Asidaka to the office and said angrily.
"Floret, you can't come into contact with the difference between the technical features of this patent document. The disclosure of technical features in the comparison documents is exactly the same. It's a little unreasonable for me not to comment on creativity, so I want to test the applicant first, as long as the answer is reliable, for example, technical features bring unexpected effects, some technical features are combined to achieve good results, or some feature combinations are inseparable, so we make mistakes in recognition. Whenever there is a similar reason in the opinion, I ..
"Then why was it finally rejected?"
"Chen Gong, the agent, said angrily that I don't review the new aunt, and that he has been in business for decades and knows many bosses in our station. Then he said that we have a rule that creativity cannot be evaluated by more than three comparative documents. His answer is just a few empty words boasting awesome technology. I kindly reminded him that there is no such provision in the review guide and asked him to add some reasons. "
"How did he do it?"
"Chen Gong simply ignored me. Don't wait for new opinions until the end of the reply period. I thought he was an old timer and called him several times to remind him. I said he would authorize this patent, and the quality inspection will definitely find out the second problem. Xiaohua, what do you think I should do? "
Xiaohua repeatedly looked through the relevant documents and sighed helplessly.
"According to the rejection."
The bear's paw, which was originally full of enthusiasm for review, is getting thinner and thinner in the endless technical work review every day. I want to get up, sleep, go shopping and even want to go shopping on weekends. My mind is full of how to realize this technical scheme, whether the technical features are relevant, and how to find technical problems in the retrieval process. If I don't do this, I won't find any problems, and I will definitely be considered by the bureau to have problems with my ability.
The young bear's paw fed the sheep and fainted in a fierce argument with the agent. The evil agent was finally rejected by 7 links, and the agent finally wrote a letter and sent it to the bureau.
"Dear Mr. Sheep Feeding, I heard that you were fainted by anger. On behalf of all the agents of Yijia Commercial Bank, I would like to express my deep condolences to you. However, as an agent with similar working years as you, I advise you that Heaven is a good reincarnation. "
With the passage of time, bear's paw has become more and more handy for patent examination. The means by which he applies for a patent is usually (the obvious technical feature is the conventional technical means in this field. On the basis of comparing documents and combining with conventional technical means in this field, it is concluded that the technical scheme required by this application is obvious, so this application is not novel or creative) or (according to the investigation of our bureau, it is found that the applicant lives in a residential building, but the fields of 24 patents applied for in a residential building are different, so it can be concluded that the applicant must have no corresponding R&D strength and production conditions, and has already involved in abnormal applications, which is serious.
One day, the bureau leader found a bear's paw to feed the sheep, patted him on the shoulder and said.
"Young man! Your rejection rate is the highest in the center, and the future is boundless! "
"There, there, the leader guided it very well."
With the increase of examination tasks and the explosion of pressure indicators, a group of new people came in and a group of old people left in N City Bureau. Asidaka saw with his own eyes that he left with his masters one by one three years ago, which was a pit for examiners, especially the utility model examination department where Asidaka was located.
In these three years' work, Asika used 9. 1, 26.3 and 26.4 as the most frequently rejected clauses, and sometimes he met an agent whose case was impeccable. Every time she submits a new application, she does it flawlessly.
"Feed the sheep, can I tell you something?"
"Dhaka, what's wrong?"
"That Gu Xiaoming has submitted several new applications, which are made up at first glance, but I just can't find the problem!"
"How do you know it's made up?"
"Because Gu Xiaoming is my neighbor!"
"Every time I hear him on the phone, I tell my customers, Mr. Li, don't worry, it's nothing. This case has been guaranteed."
"Then let him pass? Authorization! "
"You don't know! Yesterday, the director came to me and said that the patent authorization rate I examined was too high, and several cases failed the quality inspection. I am going to eat dirt this month. "
The bear's paw fed the sheep, held his arm in meditation for a while, and solemnly said to Asidaka.
"Didn't the North Company apply for a number of multi-functional smartphone solutions?"
"Yes, they applied for four or five related technical solutions for utility models."
"As long as the search is deep enough, there is no patent that can't be found!"
The feeding sheep smiled at Asidaka, who soon realized it and patted the feeding sheep on the shoulder.
"Thank you, good brother, and invite you to dinner tomorrow."
Asdaka rejected a batch of utility models by searching the patent application documents of various countries and various periodicals and other well-known documents, and became one of the best work pacesetters in the utility model examination department.
The wind messed up Asidaka's hair, and the bear's paw fed the sheep and went to Asidaka in the entrance examination hall.
"Heaven is a good reincarnation, who will be spared by Heaven!"
Asidaka bowed her head in shame and immediately followed the bear's paw to feed the sheep and entered the oral examination hall.
About the author: Song Wanming, a writing enthusiast, an old driver in the intellectual property industry, a lover of patent analysis and early warning, and an optimistic young man.