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ARTICLE · 05 FEBRUARY 2025

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News & Cases From China: November 2024

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The Intellectual Property Court (IPC) of the Supreme People's Court (SPC) concluded an appeal case involving the invalidation of a utility model patent. The disputed patent pertains to a ‘mobile phone pedometer.'

ChinaIntellectual Property
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The IP Court of the SPC Clarifies Criteria for Considering Commercial Success when Determining Patent Validity

Date: 27 November 2024

The Intellectual Property Court (IPC) of the Supreme People's Court (SPC) concluded an appeal case involving the invalidation of a utility model patent. The disputed patent pertains to a 'mobile phone pedometer.' The CNIPA declared the patent invalid on the grounds of 'lack of inventiveness.' The patent holder, Bao, appealed, arguing that the subject matter of the patent contained certain feature addressing the technical problem of 'assisting mobile phones in automatically counting steps' and distinguished it from the closest prior art and resulted in massive sales and significant commercial success of the related product. The patent should be recognized as inventive.

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