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 Litigation B


The Administration Lawsuit against Patent Reexamination Board’s Decision for the Request to Declare Invalid of Patent for Industrial Design

The Parties Concerned
Plaintiff: Ms. Yu Wenjuan, patent owner
Defendant: Patent Reexamination Board of the State Intellectual
Property Office, PRC
The Third Party: Philip Electron Corp., Ltd., Netherlands
(abbr.: Philip Co.)

Brief Introduction to the Case

The present case relates to the patent for industrial design filed by Yu Wenjuan, filing No. 00348710.6, entitled "electric shaver" which is announced by Gazette of the Patent Office, State Intellectual Property Office on August 1, 2001.

On November 5, 2001, the third party requested Patent Reexamination Board to declare the above mentioned patent right invalid with the reasons that this patent is similar in shape with the patent for design CN 99342571.2 filed by the third party, which is not in conformity with the regulation of Art. 23 of the Chinese Patent Law. It should be revoked.

The Patent Reexamination Board made an examination decision No.3807 on the third party's request on May 25, 2002, and the patent for design CN00348710.6 was declared invalid.

The Plaintiff was not satisfied with the examination decision of the Patent Reexamination Board and instituted legal proceedings in Beijing First Intermediate People's Court.

Results of the First-Instance Judgment

According to the stipulation of Item 2, Art. 54 of the "Administrative Lawsuit of PRC", Beijing First Intermediate People's Court made the first-instance judgment, (2002) YiZhongXingChuZi No.434 on Dec. 12, 2002, Decision No.3807 was uphold.

After the first-instance judgment was made, the plaintiff instituted appeal request with the upper people's court, Beijing High People’s Court.

Results of the final examination
The High Court agreed to the plaintiff's request for withdrawing the final examination. And the first instance judgment was kept in force.

 

                  Judgment Of the Court>>