"Xiaoguan Tea's Seamed Patent Declared Invalid! Creation or Propaganda Material? 'Creativity' is the Essence of a Patent!"

Beijing Xiaoguan Tea Co., Ltd. was established in Beijing in 2014, boasting its innovative "Xiaoguan Preservation Technology." The one-cup-one-brew tea concept, with a focus on user experience design, simplifies the brewing process and, when paired with the company's tea set, ensures each cup of tea is perfectly seasoned. This fresh approach to both technology and marketing has faced skepticism from peers since its launch. In 2017, Xiaoguan Tea's ads dominated the screens of China Central Television, sparking a heated debate about its internet marketing strategy. Concurrently, it also triggered a patent dispute. Recently, the Beijing Intellectual Property Bureau and the Beijing Intellectual Property Court concluded a case regarding the invalidation of Xiaoguan Tea's utility model patent.

Applying for a patent on a technology that has existed for over 100 years and it actually got approved—how disheartening!

In 1795, Napoleon offered a reward of 12,000 francs to anyone who could find a way to preserve the food supplies for his troops.

In 1809, confectioner Nicolas Appert came up with the idea of preserving food in glass bottles, such as wine. After years of research, he invented a method for sterilizing food preservation, for which he was awarded 12,000 francs by the French government.

In 1810, King George III granted Peter Durand a patent for preserving food in glass bottles, earthenware jars, or metal cans.

In 1812, British immigrant Thomas Kensett established a small factory in New York to produce canned oysters, meats, fruits, and vegetables.

1825: A patent for a tin can was granted to Kensett in the United States.

In 2016, Xiaoguan Tea Co., Ltd. applied for a utility model patent for its "Xiaoguan" container as a tea packaging vessel (Patent No.: ZL201620589762.4), which was approved. This is a utility model patent that uses a rolled-edge method to securely seal the container instead of a sealing ring.

Roll Sealing Technology Has Existed

June 16, 2016, Dongguan Xinghan Hardware Products Co., Ltd. filed an invalidation declaration application with the Patent Re-examination Committee of the National Intellectual Property Administration, arguing that the metal material of "small pot" lacks novelty. Although the easy-tear lid is sealed by rolling the edges, which is different from other pots sealed in a rolling manner, the "rolling sealing method" is essentially the same as rolling the edges, and both are for tight sealing.

Additionally, the described edge rolling methods all achieve technical effects that ensure attractive container shapes, good sealing, compact tank structures, and ease of portability.

The State Intellectual Property Office's Patent Re-examination Committee, after due consideration, finds:

Under the provisions of the Patent Law, creativity refers to the substantial characteristics and significant advancements of an invention compared to existing technology, as well as the substantial characteristics and advancements of a utility model. Based on the other packaging patents submitted by Xinghan Hardware Products Co., Ltd., the packaging of Little Pot Tea does not possess creativity, substantial characteristics, or advancements. Therefore, the patent rights for the Little Pot Tea packaging of Little Pot Tea Co. have been declared entirely invalid.

The Little Pot Tea Company has filed a lawsuit in protest, requesting the aforementioned decision be overturned in accordance with the law.

Sealed packaging by rolling edges is not a common practice in the tea industry, where vacuum-sealed bags are more prevalent. It's unprecedented to see tea packed directly in metal cans in the tea sector. Xiaoguan Tea is the pioneer that applied this double-rolled edge packaging method to the tea industry. Moreover, the company's legal representative also believes that the case involves a utility model patent, not an invention patent. The creativity requirement for a utility model patent is inherently lower than that for an invention patent, and it is inappropriate to evaluate a utility model patent by the standards of an invention patent. This patent has obvious differences from existing technology, which are neither disclosed nor common knowledge, yet they deliver excellent technical effects, and should be deemed to meet the creativity requirements stipulated by the Patent Law.

The Beijing Intellectual Property Court, after due consideration, held:

Although Xiao Guan Cha Company claims that sealing tea leaves by rolling the edges is not common knowledge in the tea industry, the so-called tea industry is a classification from a product perspective. From a technical standpoint, this patent should fall under the category of packaging containers, as the rolling edge structure is a common sealing structure in the packaging container field. The sealing ring is not an indispensable component for achieving a seal, so technical personnel in this field can completely adjust the sealing method between the can body and the lid from a sealing ring to a rolling edge based on actual needs, without requiring creative labor. Therefore, using the rolling edge method to replace the sealing ring for a firm seal on the can body does not possess substantial features or advancements and does not meet the criteria of creativity as defined by patent law. Based on this, the lawsuit filed by Xiao Guan Cha Company was dismissed.