The invalidation declaration case involved the no. 201230167467.7 design patent, named “Beer Bottle”, which was granted by the State Intellectual Property Office on September 12th 2012. It was applied on May 14th 2012 and involved the patent owner Zhejiang Xiyingmen Brewery Co., Ltd.

Janlea Patent was commissioned by the invalidation applicant AB InBev Harbin Beer Co., Ltd, and had the agents conducting evidence collecting and judgment. We eventually selected the original advertisement pages of Chengshi Wanbao, Heilongjiang Chenbao in 2008 and the printed copy of the advertisement pages of Heilongjiang Chenbao in 2010 as evidence to compare with the involved patent. We proved that the involved patent was not in compliance with article 23 paragraph 2 of the Patent Law, since, in comparison there was no obvious difference between the design of the involved patent right and the current design, or the combination of the current design features. 

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 accepted the arguments of the invalidation declaration applicant. The Board made the “Invalidation Declaration Request Evaluation Decision” on April 21st 2015 and declared invalidation for all of the patent rights of the no. 201230167467.7 “Beer Bottle” design patent.