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Resin Composition Patent Invalidation Case
date: 2018-04-10

Background

In October of 2016, Kangxin was instructed to file a request of invalidation against SOMAR Corp.’s Chinese patent No.201380034469.0.

Process

The patent relates to an energy ray-curable resin composition which is comprised of many different components, with each component requiring different usage amounts. Such different components and different usage amounts constitute many different technical solutions in one claims. 

Kangxin’s attorneys who were in charge of this case took great effort to carefully analyze the prior art technical solutions to select references to be used in the invalidation.  By searching the databases in China, Europe, the US and Japan, they chose four patents as cited references. Then, they determined the same contents disclosed in the cited references and the differences between the technical solutions in the above patent and the cited references. They eventually used about 12 different combinations of evidences so as to make sound arguments during the stages of filing the request, submitting the written responses and oral hearings.  Most importantly, the attorneys made detailed analysis and a full, thorough explanation, for example by converting the amounts calculated in different measure units into a same unit so as to make them clearly comparable to show how the cited prior art technical solutions could motivate those skilled in the art to obtain the patent. Finally, Kangxin won this invalidation case for the client. The owner did not file administrative proceedings within the allotted time.

During patent invalidation, the owner of the patent, SOMAR Corp. found our arguments and use of the prior cited art to be very powerful and expressed his interest in using our agent to reconcile with the claimant.  Although ultimately the two sides failed to reach an agreement, the attorneys in charge of this case also provided an analysis of the possibility of a successful invalidation. 

Result

The success of this invalidation case significantly increases the client's confidence and trust in Kangxin.  The client has increased the number of entrusted cases in Kangxin and will keep its policy in the coming years.

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