China Dismisses LG Chem's Cathode Material Patent, Citing "Insufficient Specification Disclosure"

LG Chem has also lost its administrative lawsuit after challenging the invalidation of its cathode material-related patents by the China National Intellectual Property Administration. The Beijing Intellectual Property Court dismissed LG Chem's lawsuit, stating that the disclosure in LG Chem's invention patent specification was insufficient, thus upholding the previous decision to invalidate the patent.

According to the industry on the 27th, LG Chem was ruled against for two invention patents related to "precursors for cathode active material for lithium secondary batteries, cathode active material produced using the same, and lithium secondary batteries," with both being dismissed due to insufficient disclosure in the patent specifications.

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Previously, in April last year, LG Chem received an invalidation decision from the China National Intellectual Property Administration regarding the relevant patents. At the time, the reason was also insufficient disclosure in the patent specifications, making it impossible to reproduce the technology. LG Chem deemed the invalidation decision to be unjust and appealed to the court.

The court's dismissal this time was due to LG Chem's failure to meet the requirements of Article 26, Paragraph 3 of the Chinese Patent Law. According to the law, a patent specification must provide a clear and complete description of the invention or utility model, enabling a person skilled in the relevant technical field to carry out the invention. If necessary, drawings must be attached, and the technical points of the invention or utility model must be explained concisely and clearly.

The court stated, "The experimental spectra (graphs) presented in the patent specifications to demonstrate technical effects are not clear, the key information is difficult to identify, and there is insufficient distinction between the various spectra." The court further noted, "There are some differences between the spectrum data and the explanations for the same samples provided by the inventor in subsequent academic papers, making it difficult to clearly prove the existence of the specific structure claimed in the patent." Additionally, the court determined, "There are logical defects in the manufacturing methods described in the specifications, making it difficult for a person skilled in the art to reproduce the invention based solely on the information provided in the specifications."

LG Chem stated that of the four patent cases under appeal, two have been invalidated, one remains valid, and one is still pending. The company added that it is considering further legal responses, such as filing an appeal, regarding the invalidated cases. An LG Chem representative said, "Since the scope and laws of patents differ by country, this ruling does not affect patents or business in other countries."

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