The invalidation declaration case involved the no. 200920304194.9 utility model patent, named “Children’s Safety Swim Ring”, which was granted by the State Intellectual Property Office on April 14th 2010. It was applied on June 10th 2009 and involved the patent owner Shanghai Zihang Plastic Goods Co., Ltd.

The invalidation applicant, Germany Fu Lai Zi College Co., Ltd., argued that the aforementioned patent had already been used by it in advance and thus did not follow the novelty and innovation described by article 22 paragraph 2 and 3 of the Patent Law. The applicant thus commissioned Janlea Patent to represent the invalidation declaration case and filed the request for invalidation declaration on July 29th 2011.

Janlea patent agents Connie Zhao and Zhe Wang conducted systematic analysis on a large amount of publications and were assisted by the applicant, who conducted notarization on foreign evidence. Since the materials for the invalidation declaration request were fully prepared and sufficient evidence was provided during the oral trialing process, the Patent Reexamination Board made the “Invalidation Declaration Request Evaluation Decision” on May 22nd 2012 and declared invalidation for all of the patent rights of the aforementioned patent.

This case defended the rights of the client through patent invalidation procedure.