Zhilin News | Lawyer Zhao Baochun won the first instance of the administrative lawsuit for invalidation of invention patents in China Patent Awards, and the court ruled that the patent did not possess creativity Time:2025-08-27 Hits:257
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Recently, Zhao Baochun, a lawyer from Zhilin Law Firm, won the first instance of an administrative lawsuit regarding the invalidation of an invention patent. This patent has won the China Patent Award and has been involved in multiple infringement lawsuits, with damages totaling tens of millions of yuan. This patent relates to a high-pressure resistant rotary compensator for pipelines, and the core invention lies in the setting structure of the sealing chamber. Since 2008, this patent has been filed more than ten times for invalidation, but none of them have been successful.

After accepting the client's commission, Lawyer Zhao Baochun and the Zhilin team conducted a careful and meticulous search and found multiple solutions to evaluate the novelty and creativity of the patent. Among them, the closest prior art evidence involving creativity differs from the patent only in that the bearing is installed at the sealing position, while the other evidence discloses that the bearing in the rotary compensator can be made of a material that also has a sealing effect. The combination of the two pieces of evidence can evaluate the creativity of the claims. In the administrative lawsuit, the first instance court adopted the team's creative evaluation method and determined that the patent did not possess creativity, ruling that the patent office would make a new invalidation decision.
Lawyer Zhao Baochun is a Zhilin dual certification patent lawyer with over ten years of practice. He specializes in resolving civil patent infringement and administrative invalidation disputes, and has represented many leading patent invalidation and infringement cases in various fields, possessing rich experience in patent dispute resolution.

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