Company D's patent is valid for the first time.

Hallo This is Pine Patent Law Firm.

Today Dolceteria (hereafter Company D)'s patent in Huinang CityI'd like to take a deeper look at it. This patent has received a lot of attention, and various opinions have been raised about the scope and validity of its rights.

1. Broad scope of rights and difficulty of evasion 

Company D's patent has a very broad scope of rights. According to Claim 1, we are entitling laminated beanies containing a laminated structure, a combination of soft cream and hard cream, and a cream holder. This is a very difficult situation to avoid, considering that it is a very commonly used manufacturing method in the confectionery industry. This can be a big problem for other confectionery companies.

2. Novelty and progressivity controversy 

Compared to existing Huinangsier, there is a possibility that questions may be raised about the novelty and progressiveness of this patent. There may be controversy about whether lamination structures or the use of creams are completely new to existing confectionery technology. Patent examinations are ultimately carried out by an individual called an examiner. Even if an examiner is highly specialized, there may be mistakes or differences of opinion as a human being.

3. Currently valid patents 

But the important point is that, despite the controversy, now This means that this patent is legally valid. Patents registered after examination by the Patent Office are recognized as valid without a separate procedure. Therefore, at this point, this patent must be viewed as a fully valid right. However, my professional opinion is likely to be invalid.

4. Procedure for invalidation 

If there is any doubt about the validity of this patent, it must be disputed through established legal procedures. In other words, it is necessary to go through the process of determining whether a patent is invalid by requesting an invalidity judgment from a patent judge. This is a procedure that requires proving the invalidity of a patent based on concrete evidence and logic, rather than simply raising an opinion. However, as of July 7, 2024, it appears that Company D's patent is not currently undergoing an invalidity trial.

5. Legal stability considerations 

Confectionery companies may think that it is unfair, but the fundamental purpose of the patent system is to promote the development of technology by protecting inventions and encouraging their use. Therefore, easily invalidating registered patents may harm legal stability and may reduce companies' motivation for research and development.

In conclusion, it is true that Company D's patent has a broad scope of rights and is difficult to avoid. Also, questions about novelty and progressiveness may be raised. Currently, however, it is a fully valid patent, and in order to invalidate it, it must go through a formal invalidation process.

This case reminds us once again of the importance of patents and the need for careful review during the patent application and registration process.

If you need more detailed advice regarding the invalidity judgment of a patent in Huinang City, please feel free to contact us.

‍