Recently, the Beijing Intellectual Property Court issued the administrative judgment (2021) Jing 73 Xing Chu No. 13752 in the administrative dispute over the invalidation of a utility model patent, brought by a certain heavy industry co., Ltd. in Qingdao (hereinafter “Qingdao Company”) against the China National Intellectual Property Administration (CNIPA) and a third party, Shandong Hanrui Metallurgical Equipment Co., Ltd. (hereinafter “Hanrui Company”).

The court ruled to dismiss the claims of the plaintiff Qingdao Company.

Previously, the Beijing Intellectual Property Court had issued two administrative judgments — (2021) Jing 73 Xing Chu No. 13464 and (2021) Jing 73 Xing Chu No. 13466 — in separate administrative disputes over the invalidation of utility model patents, filed by a certain conveying equipment co., Ltd. in Shandong (hereinafter “Shandong Conveying Company”) against CNIPA and the same third party, Hanrui Company. Both judgments dismissed the claims of the plaintiff Shandong Conveying Company.

These three administrative litigation cases originated from three invalidation requests filed by Hanrui Company with CNIPA against three patents respectively owned by Shandong Conveying Company and Qingdao Company. In each of the three invalidation proceedings, CNIPA, after examination, issued Decisions on the Examination of Invalidation Requests, all of which supported Hanrui Company’s requests for invalidation.

Beijing Tangsong Yongxin Intellectual Property Agency Co., Ltd. was entrusted by Hanrui Company to act as the agent for the invalidation requester in the invalidation proceedings. Beijing Caihe Law Firm was entrusted by Hanrui Company to serve as litigation counsel for the third party in the above administrative lawsuits.