Steam stone pot is a national patented technology, which is invented by a farmer, Peng Jingwei. However, the inventor is concerned as there are so many similar steam stone pots in Yunnan Province. "I am the inventor and I am going to protect my rights," said Peng. On February 2, Yunnan Provincial High Court heard the case.

On November 29, 2004, Peng applied utility model patent at the State Intellectual Property Office (SIPO) for the steam stone pot, and on March 1, 2006, he was authorized the patent.

After the authorization, a fish restaurant in Yuxi, Yunnan Province, started the operation in fish hot pot with stone pot. Peng found this restaurant by accident. After investigation, he contacted the boss Bai Shaoba for negotiation but failed. So Peng sued Bai in Kunming Intermediate People's Court and asked the defendant to stop the infringement and compensate 80,000 Yuan for his loss.

Bai argued that, the steam stone pot he used is not covered in the patented technology of Peng, and steam stone pot is a well-known technology, so the patent of Peng was not infringed. Besides, Bai also believed that, his equipment didn't include the bead used by Peng, which could float while cooking and return to the former place automatically after the cooking.

Intermediate People's Court of Kunming considered in the hearing that, although the technology used by Bai didn't include the bead, it could also realize the same basic function and effect. But according to the proved facts, Peng's bead technology could prevent the sauce returning to the pipe, and Bai;s technology couldn't. Thus, Bai's technology is worse than Peng's; Bai did infringe Peng's patented technology and shall bear the responsibility.

Intermediate People's Court of Kunming ruled that, Bai shall immediately stop using Peng's steam stone pot patented technology and compensate 8,000 Yuan.

After the first-instance judgment, Bai appealed to Yunnan Provincial High People's Court. On March 2, the case was heard and no verdict made. 
                                                                                                    Source:IPR in China