1st case of patent administrative protest of SPP concluded in Beijing

The Trial Supervision Tribunal of Beijing Municipal Higher People's Court publicly pronounces the judgment on the protest case of the Supreme People's Procuratorate (SPP) concerning the evaluation standard of creativity, affirming the original decision of SIPO Patent Reexamination Board on the examination of No.5528 request for invalidation. This is the first case of protest of the Supreme People Procuratorate in patent administrative trial.

For the request for invalidation against No.99114212.8 patent of invention, SIPO Patent Reexamination Board makes the decision on the No.5528 request for invalidation, believing the patent claim 3-6 bears no creativity. Following that, Beijing No.1 Intermediate People's Court affirms the decision of above-mentioned request for invalidation in its first instance. But Beijing Municipal Higher People's Court believes the patent claim 3-6 bear the creativity and disaffirms the decision of SIPO Patent Reexamination Board on No.5528 request for invalidation and the first instance judgment.

The Supreme People's Procuratorate believes that Beijing Municipal Higher People's Court do not have sufficient evidences while judging the patent bearing creativity in its second instance, and protests against the decision made by the higher people's court according to the Article 64 of the Administrative Procedure Law. According to the trial supervision procedures, the Trial Supervision Tribunal of Beijing Municipal Higher People's Court retries the case and publicizes the judgment.

The judgment of the Trial Supervision Tribunal of Beijing Municipal Higher People's Court to the case full confirms SIPO Patent Reexamination Board's viewpoints in the evaluation standard for creativity and interpretation of right claim protection scope, exerting importance significance to trying similar cases in the future.