The plaintiff's claim was dismissed (the plaintiff's rights are invalid). This is the 341st case in which the Intellectual Property High Court has found the rights invalid.
The plaintiff's claim was dismissed (the plaintiff's rights are invalid).
This is the 341st case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/1zkSu0JDnxUrKkiwKg17XPPQJdwzCETT4/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The plaintiff's claim was dismissed (the plaintiff's rights are invalid).
This is the 341st case in which the Intellectual Property High Court has found the rights invalid.
The patent owner, Nippon Paper Crecia Co., Ltd., lost the case against the opponent (Murakami Kiyoko) (Objection 2018-700853), and the Japan Patent Office ruled that "the patent for claims 1 to 5 of Patent No. 6313029 is revoked."
The Japan Patent Office's examiner based his ruling on the following: "Inventions 1 to 5 are not within the scope described in the detailed description of the invention, so the patent is granted in violation of Article 36, Paragraph 6, Item 1 of the Patent Act, and the patent description does not describe Inventions 1 to 5 clearly and sufficiently to enable a person skilled in the art to implement them, so the patent is granted in violation of Article 36, Paragraph 6, Items 1 and 4 of the Patent Act, which respectively fall under Article 113, Item 4 of the Patent Act, and should be revoked."
Here, the "provision of Article 36, Paragraph 6, Item 1 of the Patent Act" refers to the "support requirement."
The patent owner, Nippon Paper Crecia Co., Ltd., appealed the decision of the Patent Office's trial judge to invalidate the patent, and filed a lawsuit with the Intellectual Property High Court, but the lawsuit was dismissed.
The content of the decision of the Intellectual Property High Court was almost the same as the decision of the Patent Office, and "the plaintiff's claim is dismissed."
At the examination stage of the Patent Office, the examiner pointed out to the applicant in the second "Notice of Reasons for Refusal" that there was a violation of "Article 36, Paragraph 6, Item 2 of the Patent Act" (clarity requirement).
He did not make a judgment on the "support requirement" stipulated in Article 36, Paragraph 6, Item 1 of the Patent Act. And then he made a "decision to grant a patent."
Here again, the Patent Office's examiners' weak judgment ability is proven.
It is not permissible to grant a patent based on the examiner's careless judgment at the Patent Office examination stage.
Therefore, I believe that the Patent Office should not have granted a patent to Nippon Paper Crecia Co., Ltd.'s application.
Here, I have listed the "FI" and "F-term" from the "application information" of this patent publication on the second sheet of this Excel document.
Furthermore, I am attaching documents such as "Selection of search terms/classifications (FI, F-term) and creation of search formulas", "Specific examples", "Searches using insufficient and irrelevant "logical search formulas" conducted by searchers at a registered search organization", and "Patent documents that searchers at a registered search organization (AIRI Co., Ltd.) could not find".
https://docs.google.com/spreadsheets/d/1HbNt9hLUBFNm0Lw37czHAj_-JhYjRMAC/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
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