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实用新型专利一直有“小发明”之称,但并没有像发明专利那样得到充分的重视。近几年随着“正泰案”等涉及实用新型专利的重要案件的发生,实务界和理论界开始重新审视实用新型专利,对其研究也越来越多。本文以法院判决书为材料,通过将实用新型专利与发明专利相对比,试图对实用新型专利的权利稳定性问题,特别是两种类型专利在创造性标準上的差异进行考察和研究。一、案件总体情况北京市高级人民法院是我国专利有效性案件的终审法院。“2012年北京市高级人民法院审理复审决定和无效宣告请求
Utility model patents have always been called ”little inventions,“ but they did not receive the full attention they deserved as patents for inventions. In recent years, with the ”Chint case“ and other important cases involving utility model patents, the practical and theoretical community began to re-examine the utility model patents, and its research is also more and more. By comparing the utility model patent with the invention patent, this article attempts to study and study the stability of the rights of the utility model patent, especially the differences between the two types of patents in the creative standards. First, the overall situation of the case Beijing Municipal Higher People's Court is the case of the validity of the Court of Final Appeal. ”2012 Beijing Higher People's Court to hear the review decision and invalidation request