傳統不鏽鋼保溫杯的本體無論是外層或內層，皆以不銹鋼材質製成，但用來盛裝飲料卻容易殘留餘味。為了克服這樣的問題，以陶瓷作為保溫杯本體的內層材質，容易清洗而不會卡異味。
數年前，這款新式保溫杯的原廠透過代理商將產品引進國內，爾後欲收回代理權自主經營時，發現代理商已先在我國申請專利，並拿到專利證書。在專利威脅之下，原廠自行進口販售的計畫並不順利。
雖然代理商手握專利權，但其效力不一定在穩定狀態，原因在於即使專利通過官方審查，也僅代表在有限的檢索時間下完成了審查，難免會有漏網之魚(未被檢索到的現有技術)，甚至足以推翻原審查對於創新程度的認可。因此，只要有人能發現漏網之魚並作為證據，透過舉發(台灣)/無效宣告(中國大陸)程序將證據及相關文件呈報給專利行政機關，就會對已獲證公告的專利重啟審查。假使成功翻案，因審查瑕疵而錯發的專利就會直接被撤銷。
幸運的是，原廠曾在日本為這款新式保溫杯申請專利保護，且正式取得專利的時間還早於代理商在我國的送審申請日，所以這篇日本專利相對來說可視為現有技術，也順理成章成為原廠提出舉發/無效宣告程序所附的證據。經審查後，專利行政機關以不具新穎性為由，決定撤銷代理商的專利，原廠所受的專利威脅終獲解除。
資料來源：中華民國專利資訊檢索系統、日本特許廳
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