A famous multi-national company, the patentee of a Chinese utility model, found the patent right was infringed by a domestic company, and thus requested the Beijing Intellectual Property Bureau for administrative adjudication. The opposite party then filed an invalidation request with the Patent Reexamination Board. Honestly, it is not easy to maintain the patent right, because there are some inherent defects in the utility model patent due to drafting, and the search report issued by the Patent Office also indicated that the independent claim of the utility model involves no inventive steps.

   Nevertheless, the team of YUHUA UNITED, formulated an ingenious strategy to demonstrate the inventiveness of the utility model based on rich experiences. During the oral hearing, the team successfully argued against the proposed invalidation grounds, and effectively convinced the Collegiate Panel concerning validity of the independent claim. Finally, the Collegiate Panel declared the utility model patent was completely maintained, and the maximum scope of protection of the utility model was upheld.

    In the meantime, with the team’s effort, the Beijing Intellectual Property Bureau considered the infringement was established, and thus ordered the opposite party to stop the infringement activities.