Represented Sichuan New Green Pharmaceutical Co., Ltd. vs. Guangdong Yifang Pharmaceutical Co., Ltd. in the administrative litigation second instance of the invalidation case of the invention patent of "Chinese medicine dispensing machine"

Representing Sichuan New Green Pharmaceutical Co., Ltd. vs. Guangdong Yifang Pharmaceutical Co., Ltd. in the administrative litigation second instance of the invalidation case of the invention patent of "Chinese medicine dispensing machine" (selected as Case 4 of the "Top 10 Influential Cases of the Fifth Anniversary of the Establishment of the Intellectual Property Court of the Supreme People's Court" and Case 46 of the "50 Typical Intellectual Property Cases of Chinese Courts in 2021");

• Sichuan Xinlv Pharmaceutical Company is the patentee of the invention patent with the patent number 03135523.4 and the name "Automatic Dispensing and Measuring Device for Drugs". A pharmaceutical company in Guangdong requested the China National Intellectual Property Administration to declare the patent invalid. After examination, the China National Intellectual Property Administration found that the patents involved did not possess creativity, so it declared all of them invalid. Sichuan Xinlv Pharmaceutical Co., Ltd. is dissatisfied and has filed a lawsuit with the Beijing Intellectual Property Court. The court's first instance judgment rejected its lawsuit request.

• Sichuan Xinlv Pharmaceutical Co., Ltd. disagrees and entrusts our lawyer to file an appeal. The second instance of the Supreme People's Court held that the existing technology did not give relevant technical enlightenment, and the patent involved was creative and should maintain the validity of the patent right. Therefore, the judgment annulled the first instance judgment and the sued decision, and the China National Intellectual Property Administration made a new decision.

• As a selected case for the 2021 "4.26" Intellectual Property Promotion Week, this case has attracted widespread attention from all sectors of society. The second instance judgment has been regarded as a typical case by the Supreme People's Court, which clarifies the examination standards for new evidence in patent administrative litigation and has guiding significance for similar cases.