2022 Top 10 Patent Reexamination and Invalidation Cases by the China National Intellectual Property Administration

CHANG TSI
News

April17
2023

The China National Intellectual Property Administration (CNIPA) has announced the top ten patent reexamination and invalidation cases of 2022, including the invalidation case of the design patent named "Automobile", which was handled by Chang Tsi & Partners. This case serves as a guide for innovative entities to deeply understand and apply relevant intellectual property laws. The attorneys representing this case were Michael Wu, Nancy Qu, and Vickie Wang. 

he patent reexamination and invalidation procedure is a crucial link that connects the granting and protection of rights, playing a significant role in constructing a robust IP protection framework in China and attracting substantial public attention. To better elucidate the application of laws through typical cases and enhance the legal protection of intellectual property, CNIPA annually selects cases of exemplary significance as the top ten cases of the year for publication.

On April 25, during the open day event of CNIPA, the top ten patent reexamination and invalidation cases of 2022 were officially released, with the "Automobile" design patent invalidation case handled by Zhucheng Law Firm being selected. The organizers highlighted the case by stating: "This case elaborates on the principles and methods for determining conflicts between design patents and prior trademark rights. The decision emphasizes that the assessment of whether trademarks are identical or similar should be based on the general attention of the relevant public and whether the involved patent functions as a trademark identifier". This case is instrumental for innovative entities in deeply understanding and utilizing relevant intellectual property laws and regulations.

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