[Case No.] (2020) Supreme People’s Court Zhi Xing Zhong No. 406, 407
[Case basics] Two administrative disputes between Ren and Sun and Apple Shanghai Company, Apple Beijing Company, and the China National Intellectual Property Administration on the invalidation of invention patent rights, involving the name "secondary lithium ion battery or battery pack, its protection circuit and electronics device" invention patent. Ren and Sun are the patentees; Apple Shanghai and Apple Beijing applied for invalidation of the patent; CNIPA maintained the validity of the patent on the basis of claims 1-12 and 14. The Beijing Intellectual Property Court held that because the claims could not be supported by the specification, all the patent rights involved in the case should be invalid, so it ordered CNIPA to make a new review decision. Ren Moumou and Sun Mou refused to accept and appealed to the Supreme People's Court. The Supreme People's Court held that the patent involved in the case could be supported by the specification, and the judgment was changed to maintain the validity of the patent right.
[Typical Significance] The typical meaning of this case is to clarify whether a claim with two or more different numerical ranges that jointly define the scope of protection can be supported by the specification. If the corresponding relationship between the two or more numerical ranges can be determined within the range described in the specification and drawings, so that those skilled in the art can reasonably determine the scope of patent protection, the claim should be considered supported by the specification. The clarification of this rule is of great significance for ensuring that the patent system stimulates innovation and promotes the development of emerging industries.
