CPA Successfully Represents Client to Invalidate Blood Glucose Meter-Related Patent
China Patent Agent (H.K.) Ltd. (CPA) recently successfully represented its client, the requester, in a request for invalidation of a utility model patent pertaining to a split headset jack blood glucose meter published as of 25 February 2015.
In this case, the requester petitioned for the invalidation of the patent in its entirety with combined forms of evidence, including three references cited in the written request for invalidation and common knowledge-based evidence presented during the oral hearing.
The collegial panel of the Patent Reexamination Board (PRB) of the State Intellectual Property Office (SIPO) found, on the basis of Exhibit 1 of our evidence submitted along with common knowledge of the art, that the technical solution of claim 1 was obvious and failed to conform to the provisions of Article 22.3 of the Patent Law on inventive step. As to the argument put forward by the patentee during the oral hearing that the device in the reference involved more complicated structures and functions than that in claim 1 of the patent in suit, the collegial panel deemed that claim 1 had outlined a broad scope of protection, thus covering all devices as long as they were capable of performing the said functions.
Although the patentee further expounded the functions of certain modules in claim 1, the collegial panel held that such functions could not be found in the recitations of claim 1 and the description of the patent in suit. Accordingly, the patentee's arguments were not supported by the collegial panel.
