In
September 2011, the Reexamination Board of SIPO announced an
invalidation decision, according to which the whole of the patent right
of a New Utility Patent (No. ZL200920106498.4) owned by Wuzhou
pharmaceutical Group was ruled to be invalid, for the reason that it was
not in conformity with the provision of Article 26, Paragraph 3 of the
Patent Law.
Entrusted
by the patent right owner, attorneys from CN-KnowHow reviewed
meticulously the case materials pointing out that some supporting facts
were unclear, and that the decision failed to be made from the
perspective of a person skilled in the art. Therefore, the attorneys
filed an administrative appeal at the Beijing No.1 Intermediate People’s
Court and requested the court to revoke the original decision.
The court concluded the examination, supporting all the appeals from CN-KnowHow and determining:
“No.15688 Decision of invalidation made by the Reexamination Board of SIPO shall be revoked;
The Reexamination Board of SIPO shall make a new examination of the request for invalidation in the light of the appeal decision”.
With
professionalism, dedication and commitment, CN-KnowHow has kept a
rather high record of success in recent years’ invalidation and
litigation cases. Likewise, adhering to our firm motto of “Honesty and
Integrity”, CN-KnowHow staff strives continuously to safeguard the
intellectual property rights of our clients.