上海开展全国首例专利行政确权与行政裁决联合审理
Date: 2021-05-25
The first joint trial for administrative patent confirmation and
adjudication was launched in the Shanghai (Pudong) Intellectual
Property Center. Such joint trials are designed to avoid the
problem of bifurcated hearing of validty and infringement issues
required by the PRC Patent Law.
In the joint trial, the CNIPA first heard the patent
invalidation case and the Shanghai Intellectual Property Office
(SIPO) later heard the patent infringement dispute involving the
same patent. Panels of both sides participated in the court
hearings. In the court hearings, both panels discussed the main
points of design of the design patent involved, differences between
the patent and the existing design, and the size of the design
space in order to establish a clearer understanding.
