Article
Assessing Substantial Differences In Repeated Patent Invalidation Challenges: Prior Decisions Deserve Careful Consideration
The SPC concluded an appeal in an administrative dispute concerning the invalidation against an invention patent. The Court overturned both the first instance decision and the CNIPA's ruling. The case makes clear that when assessing inventiveness, courts and the CNIPA should avoid directly or simply assuming that a patented technical solution is obvious merely because it operates on the same principle. Inventiveness should not be easily dismissed with phrases such as "would have been easily thought of" or "would have been readily available."
China
IP