Recently, Llinks Lawyers have won the patent ownership dispute case , in which the patent was declared invalid in the second instance after the court of first instance had already ruled that the patent belonged to the plaintiff (i.e., the client of Llinks Law Offices), according to the previous case law, the plaintiff's lawsuit was usually dismissed based on the fact that the patent was declared void ab initio, but this case received a breakthrough treatment from the Supreme People's Court - "although the patent was declared invalid, it cannot be excluded that there are other civil rights and interests in the invention. According to the previous case law, the plaintiff's lawsuit was usually dismissed based on the fact that the patent was invalidated ab initio, but this case was handled by the Supreme People's Court in a groundbreaking way - "Although the patent was invalidated, it cannot be excluded that the invention in question has other civil rights and interests, so the People's Court should still hear the rights and interests of the invention in question. " As can be seen from the main points of the decision, the Supreme Court will take the plaintiff's interest in the claimed invention as the criterion for judging whether the invention is legally protected, which will provide useful reference for the subsequent cases.

Llinks Lawyers spent nearly three years on this difficult and complex case, and finally obtained a favorable outcome for the firm's client-confirming that the rights and interests in the patented invention belonged to the plaintiff, and confirming that the inventor of the invention was the plaintiff's legal representative.

The lawyer in this case, Ms. Che Xiaoyan, has a background in science and technology and is qualified as a patent attorney. Currently, she is the deputy director of the Patent Law Committee of the Guangdong Provincial Lawyers' Association and the director of the Trade Secrets Law Committee of the Shenzhen Lawyers' Association, and she is specialized in dealing with patent and trade secret cases related to technology.

For the full text of the judgment, click here

Partner in charge of the project: Cherri Che