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An administrative dispute case of invalidation of invention patent right, Shandong Hanlin Biotechnology Co., Ltd. v. the State Intellectual Property Office

By PRC Supreme People's Court

· Intellectual Property,Laws and Regulations

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

1、 The patent system protects the technical solutions to solve technical problems by using natural laws, not natural laws themselves. Therefore, for the question of whether the claim clearly defines the scope of patent protection, the content to be examined is whether the claim clearly defines the technical scheme of patent protection itself, rather than whether the natural laws used by the technical scheme are clearly described and defined.

2、 If the actor illegally applies for another person's technical achievements as his own patent, and then makes a request for invalidation of the patent right after the illegally applied patent right is returned to another person according to law, it is obviously against the principle of good faith, and the people's court will not support it.

 

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