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Patent invalidations of "Optical Flat Structure" and "Flat Lens" Sanyou’s Client: Asukanet Co.,Ltd.

e小方  • 

Heard by: CNIPA

Outcome of Trial: the patents  are declared invalid in total


Case Facts

Asukanet Co., Ltd. is an international leader in holographic imaging technology. A company in Anhui Province, a domestic startup, applied for two utility model patents involved in the case. Asukanet made the first invalidation request against these two patents, but it failed and the patents remained valid. After researching the evidence, Asukanet commissioned Sanyou to file the second invalidation request. After the trial, both patents were declared invalid.


The CNIPA held that

If there is clear evidence that the technical contents recorded in different parts of a reference document are the same technical solution, then the contents of different parts of the reference document can be used to evaluate the novelty of a claim. If a claim has a different technical feature compared to one of the embodiments of a reference document, but the distinguishing technical feature is disclosed in another embodiment of the same reference document, and the role of the above-mentioned feature in the other embodiment is the same as that in this patent. That is, it gives the technical enlightenment to combine the two embodiments. Thus, the claim does not have an inventive step over the combination of the two embodiments in the reference document.


Typical Significance

There is no limit to the number of filings for invalidation procedures. If the result of the first invalidation request is unsatisfactory, a petitioner may provide stronger evidence and initiate the invalid procedure again. If the previous invalidation decision confirms the technical features of the patent, especially through the effective decision, the subsequent invalidation examination will generally follow such decisions. When the application document is written and after one embodiment is completely described, in the subsequent improvements of embodiments, only the improved parts are described, and the duplicated contents will not be repeated, to make the description concise. Therefore, when evaluating novelty in the same reference document, features recorded in different parts should be analyzed in detail to determine whether they are the same technical solution or not. That is to say, such features shall not be regarded as two different technical solutions just because they are separately recorded. In this case, based on this consideration, the collegiate panel determined that the technical solutions recorded in different paragraphs in the reference document shall be regarded as a single technical solution.

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