Regarding the administrative dispute over the invalidation of an invention patent right

2025-11-19

The case involving the administrative dispute over the invalidation of patent rights between Shenzhen xxx Innovation and Technology Research Institute and Shenzhen xxxxx Technology Co., Ltd. 


(1) Basic Facts: 

On May 24, 2019, the National Intellectual Property Administration made Decision No. 40399 on the invalidation review request, declaring the invention patent titled "Millimeter Wave Holographic Three-Dimensional Imaging Detection System and Method" held by Shenzhen xxx Innovation and Technology Research Institute and Shenzhen xxxxx Technology Co., Ltd. invalid. 


After the patent was declared invalid, the Shenzhen xxx Innovation and Technology Research Institute and the Shenzhen xxxxx Technology Co., Ltd. were dissatisfied with the invalidation request review decision and jointly entrusted us to file an administrative lawsuit with the Beijing Intellectual Property Court. After carefully studying the invalidation request review decision made by the National Intellectual Property Administration and the relevant information of the involved patent, our side presented targeted opinions and provided relevant evidence. 


The Beijing Intellectual Property Court held that the evidence provided by the National Intellectual Property Administration to prove that the claims of the involved patent did not possess the creativity stipulated in Article 22, Paragraph 3 of the Patent Law was insufficient, and the application of the law was incorrect. The court ruled to revoke the 40399th invalidation request review decision made by the National Intellectual Property Administration on May 24, 2019, and to re-make the review decision by the National Intellectual Property Administration regarding the invalidation request made by Guo Lei against the involved patent. 


(2) Typical Significance 

Article 46, Paragraph 2 of the Patent Law of our country stipulates: If one is dissatisfied with the decision made by the State Council Patent Administration Department declaring a patent right invalid or maintaining a patent right, they may file a lawsuit with the people's court within three months from the date of receiving the notice. The people's court shall notify the opposing party in the invalidation request procedure to participate in the lawsuit as a third party. 


In this case, the patent rights of the two plaintiffs were declared invalid by the National Intellectual Property Administration. At this point, we accepted the commission of the two plaintiffs and promptly filed an administrative lawsuit with the court within the legal time limit. We presented evidence and specifically explained that the involved patent was creative compared to the existing technology, which was recognized by the court and successfully revoked the invalidation decision on the patent rights in question, thus safeguarding the legitimate interests of our clients. 


In similar cases, the novelty and creativity of the involved patent should be accurately evaluated. If it is determined that the involved patent complies with the relevant requirements of the patent law, a lawsuit should be filed with the people's court within the legal time limit to safeguard the legitimate interests of the patentee.
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