Mondaq

China: Patent Protection: Defences – Options, Strategies, Procedures

Invalidity defence is one of the most commonly and firstly used defences made by a defendant in a patent infringement lawsuit. By the invalidity defence, two goals may be sought for i.e. having the patent invalidated completely or partly and making the claims of the patent to be limited further or narrowed down in scope and/or clarifying the protection scope of the claims of the patent.

There is a list of reasons on the ground of which a request for invalidation of a patent right can be filed. A patent right can be declared invalid if it falls in any of the following circumstances: lack of novelty; lack of inventiveness; lack of practical applicability; an invention that contravenes any law or social moral or that is detrimental to public interests; violation of confidentiality examination; inconformity with the definition of invention, utility model or design; belonging to subject matter ineligible for a patent right; amendments going beyond the scope of the initial disclosure; lack of support by the specification or failure to clearly to define the protection scope; failure to record technical features indispensable for solving the technical problem; and double patenting etc.

Source: Mondaq ®

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