01 Case overview
Recently, Guangdong Junlong Law Firm has received the patent invalidation review decision from the CNIPA within 4 months from the date of acceptance through priority review of patent invalidation requests, and achieved key results.
The patent invalidation requests was commissioned by DH-Robotics, and the patent is a utility with name of “A linear rotating motor” (application number 201922370695.3). No.564749 of the invalidation review decision has showed that claim 3 of the patent was declared invalid. DH-Robotics can safeguard their business interests based on this invalidation review decision. At the same time, this invalidation case also highlights the importance of improving the timeliness of invalidation review to protect corporates’ rights and interests.
02 Reasons for invalidity of claim 3
Claims 1 and 2 of this patent have been declared invalid before, so claim 3 has become the focus of the dispute. The distinguishing features between claim 3 and evidence 6 is that: it also includes a slider slidingly connected to the slide rail, the slider is fixedly connected to the movement mechanism, and the movement mechanism is connected to the slide rail through the slider; the hole position of the main body cooperates with the first screw to fixedly connect the movement mechanism to the mover, and the movement mechanism is fixedly connected to the slider through a second screw at the back of the main body. The technical problems to be solved by claim 3 based on the aboved distinguishing features are: making the movement mechanism slide more conveniently and stably; and defining the fixing method of the main body, the mover and the slider.
Evidence 6 shows that a cavity has formed behind the main body, and the linear guide rail has located in the cavity. There is a gray part between the main body and the linear guide rail, although this part has not been recorded in the text of evidence 6, in order to realize the convenient and stable movement between the moving parts and the slide rail, those skilled in the art usually install a slider between the moving parts and the slide rail; make the slider fix to the moving parts, and make the slider cooperate to the slide rail.
Therefore, the aboved distinguishing features of the slider can be easily obtained by those skilled in the art based on the above content disclosed in evidence 6 and common knowledge.
About distinguishing features of the fixing methods of the mover, slider and the main body, evidence 4 has disclosed a linear actuator: the piston 110 (equivalent to the motion mechanism) is a whole and has multiple holes; the lower part of the piston 110 is fixedly connected to the coil frame 112 (equivalent to the mover) through screws; the back of the piston 110 is fixedly connected to the slider 140 through screws, the slider 140 is slidably installed on the guide rail 142; the guide rail 142 is fixed behind the piston 110 on the base housing 130; it has also disclosed that the linear actuator 100 may include holes and corresponding concave for fixedly coupling different parts, such as by using screws. Therefore, evidence 4 has provided technical motivation for the detachable connection between the mover and other parts and the motion mechanism through screws.
According to the patent specification, the technical concept of this patent lies in the optimization of the layout of the main components such as the movement mechanism, linear motor, rotary motor, and slide rail with slider, that is, the linear motor is located below the movement mechanism, and the rotary motor is located above the movement mechanism, the slide rail with slider is located behind the movement mechanism, and the main body of the movement mechanism is fixedly connected to the relevant parts through screws. As mentioned above, the layout of the aboved main parts of evidence 6 is completely consistent with this patent, only the screw connection between the slider, the main body and related parts is not explicitly disclosed. Evidence 4 has disclosed the screw connection between the main body of the movement mechanism and mover of the linear motor, the slider; although it does not disclose the rotating motor, it does not affect the technical motivation to improve the connection way of the main body and the mover of the linear motor, the slider. Therefore, claim 3 does not possess inventiveness as stipulated in Article 22, paragraph 3, of the Patent Law compared to evidence 6, evidence 4, and common knowledge.
Professional IP team
Junlong law firm have been committed to the professional and extensive practice of intellectual property law, and have been striving to become a leading patent boutique firm in China.
We offer extensive experiences in all facets of intellectual property service, litigation and dispute resolution, portfolio management, due diligence, securing and maintaining worldwide IP rights, and worldwide intellectual property licensing.
Our intellectual property team includes 30+ experienced attorneys-at-law and patent attorneys, and 60+ skilled technical experts, focusing on telecommunication, customer electronic, semiconductor mechanical, and biomedicine.
Our goal is “Bridging IP Rights and Successful Business”.