On May 19, 2014, with respect to an Invalidation Request filed by Arkema France and ARKEMA (Changshu) Fluorochemical Co. Ltd. against invention patent No. 200980116200.0 of Chemours Company (original patentee: du pont de nemours and company), Reexamination Board of SIPO issued a Examination Decision for Invalidation Request to declare all Claims of this invention patent invalid.
Chemours Company (original patentee: du pont de nemours and company) is the patentee of the invention patent 200980116200.0 under the title of “Composition Comprising 1,1,1,2,3-pentafluoropropane or 2,3,3,3-tetrafluoropropene”. Arkema France and ARKEMA (Changshu) Fluorochemical Co. Ltd. filed an Invalidation Request against this patent on December 31, 2015, respectively. On June 24, 2016, the Reexamination Board held an oral hearing for said Invalidation Request, for which the patentee altogether sent three lawyers/patent attorneys and four technical experts.
2,3,3,3-tetrafluoropropene is considered as the most promising refrigerant in the near future. The issues of the case focus in the following aspects:
The scope of the claims should be explained by the disclosure of the description; and The technical problem actually to be solved by the present invention and the corresponding technical effect should be determined based on the original disclosure of the description, and the supplemental evidence and experimental data should not considered when determining said technical problem and corresponding technical effect.
After examination, the Board ruled that the evidence provided by the requesting party is sufficient, the facts and reasons are clear and the laws are applied appropriately. Therefore, the Board declared all Claims of this invention patent invalid due to that all the claims of this invention patent do no possess inventive step.
In this case, Ms. Li Song, Mr. Nican, Jin, Mr. Chengbin Zhan, and Mr. Xiaofei Zhang at Liu, Shen & Associates represented the invalidation petitioners Arkema France and ARKEMA (Changshu) Fluorochemical Co. Ltd.