2020-09-14

Dragon IP held lecture on hot issues of reexamination & invalidation examination

First, Deputy Director Ren Xiaolan used a histogram to display a large number of authoritative data such as the number of reexamination cases filed and closed, the number of invalidation cases accepted and closed, and the rate of the administrative litigation review board revoking the first and second instances. Five features were summarized: (1) The number of reexamination cases is running at a low level, and the number of invalidation cases is rising steadily; (2) The proportion of invention patents is steadily rising; (3) The focus of 90% of cases are inventiveness; (4) The intellectual contribution of the right holder shall be examined; (5) The protection obtained by the right holder is comparable to its contribution to society. Ren Xiaolan explained them one by one.

Second, Deputy Director Ren focused on the details of the issue of evidence in the invalidation procedure. She gave detailed explanations from three perspectives: Internet evidence, common-sense evidence, and experimental data. With the continuous development of society, the types and extensions of evidence were constantly changing. Internet evidence has gradually entered the public's field of vision, and it has been increasingly valued as evidence in invalidation procedures. Deputy Director Ren divided Internet evidence into five categories, including official government websites or non-governmental organization website documents, literature database documents, online news reports, social platforms, and e-commerce. A large number of typical cases were used for detailed analysis. The simple and easy-to-understand language allowed everyone to understand and apply what they have learned. She also emphasized that the authenticity of Internet evidence had become the biggest problem in the process of proof in invalidation cases. Through a large number of case studies, it was concluded that "the degree of protection of the website operation mechanism + the degree of notarization" were the two strongest factors in determining the authenticity in invalidation cases. She further explained the determination of the publication and publication time of Internet evidence. On the issue of common knowledge, she fully elaborated on the issue of evidence from the perspective of "providing common knowledge evidence, fully explaining the reasons, and multiple professional documents". Then, she further explained the authenticity of the experimental data from three aspects: the attitude and standards of the reexamination board, the three basis of examination, and the basis for accepting comparative test data. Finally, the three essences of "objective", "consistent" and "comprehensive" were summarized to remind the agents how to effectively cite experimental data in the process of representing invalidation litigation cases to improve the quality of service.

During the three-and-a-half-hour lecture, all participants listened to the lecture carefully, thought proactively, and spoke enthusiastically. Some agents communicated and exchanged views with Deputy Director Ren on the “problems of the form of expert testimony” and “about the Supreme Court’s proof of new evidence” mentioned in the lecture. Ms. Wenyun Ding and Ms. Jin Xianying also raised their own questions from the perspectives of the presentation of experimental data and the requirements of expert levels. The deputy director gave detailed answers. This lecture gave a detailed and comprehensive explanation on the issue of reexamination and invalidation, which played a huge role in the future agency in reexamination and invalidation, especially providing proof. We believe that through continuous training of agents, the quality of Dragon's agency will improve constantly, and Dragon IP will be able to provide high-quality, efficient and professional services to clients at home and abroad. Finally, Ms. Ding Wenyun, on behalf of Dragon IP, once again extended a warm welcome to the arrival of Deputy Director Ren Xiaolan.