Buhler A.G. vs. China Patent Reexamination Board

Buhler A.G. of Switzerland is a well-known flour mill manufacturer. Its invention "flour milling method for cereals and its apparatus" was granted patent right for invention in China on 4 March 1992, with the patent numbered 88109156. On 3 November 1993, the Patent Management Office of the China National Nuclear Industry Corporation and the Tianjin Huahe New Technology Development Company respectively requested the China Patent Reexamination Board to invalidate the above patent. On 14 March 1996, the China Patent Reexamination Board made its No.688 Decision of Invalidation, determining that the claims of this patent possess no inventiveness and invalidating the patent right of No. 88109156 patent granted to Buhler A.G.. Dissatisfied with the invalidation decision, Buhler A.G., on 4 July 1996, instituted administrative proceedings in No.1 Intermediate People's Court of Beijing Municipality, holding the above invalidation requesters the third part in the procedings. On 12 November 1996, No. 1 Intermediate People's Court of Beijing Municipality made its judgment, supporting No 688 Invalidation Decision made by the China Patent Reexamination Board. In December 1996, Buhler A.G. appealed to the Higher People's Court of Beijing Municipality regarding the above decision, demanding another judgment, and, again, the above invalidation requesters were held the third party in the proceedings. On 7 December 1998, the Higher People's Court of Beijing Municipality made the final ruling, rejecting the appeal and maintaining the judgment made by No. 1 Intermediate People's Court of Beijing Municipality. In the hearing of second instance, No. 1 Intermediate People's Court of Beijing Municipality entrusted specialists concerned in the field to have evaluated the technical problems involved in this case.

Jiang Qinfeng