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ARTICLE · 18 OCTOBER 2023

Key Insights From Recent CNIPA Patent Invalidation Decisions

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In recent patent invalidation decisions issued by the China National Intellectual Property Administration (CNIPA), several key insights and considerations have emerged,

ChinaIntellectual Property
Zhenxian Zhang
Zhenxian Zhang
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In recent patent invalidation decisions issued by the China National Intellectual Property Administration (CNIPA), several key insights and considerations have emerged, shedding light on important aspects of patent law and practice. These decisions have far-reaching implications for both patent applicants and challengers. Below, we delve into five significant takeaways from these cases, providing valuable guidance for navigating the patent law and procedure in China.

1. Reaffirming sufficient disclosure of the description, including the alleged technical effect, could be reproduced

In Invalidation Decision No. 563247 and Invalidation Decision No. 562899 (Petitioner: CALB, Patent Owner: CATL) issued on July 31, 2023, the China National Intellectual Property Administration (CNIPA) declared both patents entirely invalid due to insufficient disclosure in the description. These patents were involved in civil proceedings in which the patentee claimed high damages; thus,

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