Recently, the National Intellectual Property Administration released the 2024 Typical Cases of Intellectual Property Administrative Protection. Among them, 10 are typical cases of patent administrative protection, covering three types of patents: invention, utility model, and design, including administrative rulings on patent infringement disputes and investigations and punishments for patent counterfeiting; the cases involve pharmaceuticals, electronic equipment, environmental protection, daily necessities and other fields. The invention patent infringement dispute case over the "Preparation Method of 5-Hydroxy-4-Methylthiopyrazole Compounds" represented by Beijing Caihe Law Firm is included in the list.

[Brief Introduction to the Case]

The claimant, Kumia Chemical Industry Co., Ltd., obtained the invention patent titled "Preparation Method of 5-Hydroxy-4-Methylthiopyrazole Compounds" on December 12, 2012, with patent number ZL200580010635.9. The patent involved was legally valid when the claimant filed a request for a ruling on the infringement dispute. On August 24, 2023, the claimant filed a request for a ruling with the Shandong Intellectual Property Administration regarding the patent infringement dispute with the respondent, a technology company. The claimant held that the respondent, without permission, used the patented method for production and business purposes to manufacture compound products, and used, sold and offered to sell products directly obtained by the patented method, with an estimated annual output of more than 10 tons and multiple exports to India, infringing the claimant's patent right.As attorneys for the respondent, Caihe lawyers argued that the compound used in the production process was different from that in the patent involved and the reaction mechanism was distinct, so the patented method was not used for production, and submitted environmental impact assessment reports and experimental data. Due to major disputes between the two parties and complex technical issues, the respondent filed an application for identification, hoping that a third-party identification institution would restore the production process in the environmental impact assessment report through experimental methods. With the consent of both parties, the collegial panel launched the identification procedure. Subsequently, the claimant's willingness to reconcile increased. On November 18, 2024, the two parties reached a settlement and signed a mediation agreement under the auspices of the Shandong Intellectual Property Administration.