A few days ago, the Review and Invalidation Trial Department carried out circuit trials in Guangdong. This is the first circuit trial since the Covid-19 epidemic.
“This is the first time circuit trial has been carried out by the Patent Office Review and Invalidation Department of National Intellectual Property Administration, PRC since the Covid-19 epidemic. With full support from the local protection centers, it has been warmly welcomed and praised by the litigants.” The relevant person in charge of the Review and Invalidation Trial Department said.
In recent years, as one of the important review modes of the Review and Invalidation Trial Department, circuit trials have been improving the intellectual property protection awareness and ability of innovative entities to deal with risks, publicizing relevant policy standards for patent invalidation cases, responding to social concerns, and establishing fairness and justice, which has played an important role in the image of public trial.
“As the epidemic prevention and control situation in China continues to improve, the Review and Invalidation Trial Department has decided to restart the circuit trial work immediately. This also marks that while continuing to normalize the epidemic prevention and control work, the Review and Invalidation Trial Department has fully recovered various tasks.” said the relevant person in charge of the Review and Invalidation Trial Department.
“The six patent invalidation requests this time involved the fields of electronic components and cutting machines, and they all belonged to characteristic industries with a large output value in the local area.” Relevant personnel from the Review and Invalidation Trial Department introduced to reporters. The selection of the case not only paid attention to the typical nature of the case itself, such as the judgment of the technical creativeness of the invention, the confirmation of patent priority, the determination of the use of public evidence, etc., but also hope that through the trial of this case, to bring a positive impact to the improvement of local industry and agency’s capabilities.
It is one of the characteristics of the circuit trial to facilitate the parties to participate in the oral trial nearby.
The parties involved in the trial are from Guangzhou City and Foshan City, Guangdong Province. The fact that the oral trial can be opened at the front door is self-evident for the litigants’ convenience. For example, in a request for invalidation of an invention patent in the field of cutting machines, the parties were most delighted that the collegiate panel was able to enter the factory for on-site technical inspections.
The local intellectual property protection center has highly recognized the high-quality and high-efficiency of the circuit trial and all parties involved, and this is inseparable from adequate preliminary preparations.
In response to this round of trial, the Review and Invalidation Trial Department formed a team of examiners led by the minister and equipped with multi-disciplinary and experienced examiners, including leading and backbone talents. Not only that, in order to gain an in-depth understanding of each case, in the early stage of the oral trial, each collegiate panel has fully communicated with both parties, including the trial of court infringement litigation cases.
The formation of collegiate groups by examiners from different fields has also played a role in promoting the smooth development of the case. “In review practice, interdisciplinary and cross-field technologies emerge endlessly. Through the cooperation of different offices, the collegiate group can conduct case trials more objectively and efficiently. At the same time, each office can learn from each other in the process of cooperative trials.”
The trial of six cases in three days went to Guangzhou, Foshan, and Zhongshan. Such an itinerary was not easy for the examiners who participated in the trial. However, in the eyes of the examiners, they cherished it even more. It is the gain brought by participating in the circuit trial.
“The development of this trial is a valuable opportunity for us to broaden our technological horizons. In the exchanges with the parties, local enterprises and scientific research institutes, we can quickly understand the cutting-edge technologies that enterprises are concerned about and the protection of intellectual property rights. The key and difficult points of the above are of great benefit to the improvement of the examination ability.” An examiner who participated in the circuit trial said.
“The development of the circuit trial has greatly facilitated the litigants to participate in the nearby oral trial, which is cost-effective and efficient. It is also conducive to the improvement of the efficiency of the trial of the patent invalidation request. During this period, the examiners can closely communicate with the local intellectual property office, between people’s courts, patent agencies, enterprises, etc. in-depth. It is conducive to further understanding the status of front-line patent protection and industry development, and at the same time help examiners expand their professional knowledge and improve their examination capabilities.” The relevant person in charge of the Review and Invalidation Trial Department said. Next, the Review and Invalidation Trial Department will continue to improve the circuit trial mode, and actively contribute to better serving innovative entities and improving review efficiency.
