Beijing Higher People’s Court Annual Report on intellectual property in 2015 (Apr-2016)
In the press conference held on April 13, The Beijing Higher People’s Court announced ten typical intellectual property cases and ten innovation cases in 2015 which were all carried into execution in 2015 with significant social influence.
The ten cases relate to patent, trademark, copyright, unfair competition, etc., wherein “a chatbot system” dispute triggers extensive concern and heated discussion for involving numerous laws and stipulations.
Apple Computer Trading (Shanghai) Co., Ltd. proposed a request for an invalidation announcement for the invention patent of the Shanghai Zhizhen Network Technology Co. Ltd. (patentee) to the Patent Reexamination Board of SIPO. The Patent Reexamination Board made the decision No. 21307, affirmed of its validity of the patent concerned. Apple Computer Trading (Shanghai) Co., Ltd. disagreed with the decision No. 21307, and filed an administrative lawsuit to the Beijing First Intermediate People's Court.
The Court affirmed the decision No. 21307 made by the Patent Reexamination Board in the first trial. Apple Computer Trading (Shanghai) Co., Ltd. was dissatisfied with the decision, and appealed to the Beijing Higher People's Court.
The Higher Court overturned the decision in the second trial made by the Court in the first trial for the reasons of insufficient disclosure of how to realize the game functions defined in claim 1, thus inconformity with Article 26.3; claim 1 was not supported by the specification, thus inconformity with Article 26.4 of the Patent Law; and claim 1 of the patent concerned was not clear, thus inconformity with Rule 20.1 of the Implementing Regulations of the Patent Law. See final judgment No. 2935 (2014) (Gao Xing (Zhi) Zhong Zi) for details.
（URL: http://bjgy.chinacourt.org/article/detail/2016/04/id/1839979.shtml）