The plaintiff's claim was dismissed (plaintiff = Fukuyo Co., Ltd.'s rights are invalid). This is the 340th case in which the Intellectual Property High Court has found the rights invalid.
The plaintiff's claim was dismissed (plaintiff = Fukuyo Co., Ltd.'s rights are invalid).
This is the 340th case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/1_M8DKdOUtukivd3lQ1I4gpUgkKKp8j36/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The plaintiff's claim was dismissed (plaintiff = Fukuyo Co., Ltd.'s rights are invalid).
This is the 340th case in which the Intellectual Property High Court has found the rights invalid.
The patent holder, Fukuyo Co., Ltd., lost an invalidation trial (Invalidation 2017-800156) filed by Life-do. Pl Co., Ltd., which is believed to be an interested party, in the Japan Patent Office, which ruled that "the patent for the invention related to claim 1 of Patent No. 3877000 is invalid."
The Japan Patent Office's examiner cited "Exhibit 1" (JP Patent Publication No. 11-056666) and "Exhibit 21" (JP Patent Publication No. 2002-085289) presented by the plaintiff as the basis for his decision.
The patent holder, Fukuyo Co., Ltd., then appealed to the Intellectual Property High Court, dissatisfied with the Japan Patent Office's examiner's decision to invalidate the patent, but the appeal was dismissed.
The content of the Intellectual Property High Court's decision was almost the same as the Japan Patent Office's decision, and "the plaintiff's claim is dismissed," and the patent right in question was ultimately extinguished.
What should be emphasized here is that at the examination stage at the Japan Patent Office, the examiners did not find either "Exhibit 1" (JP Patent Publication No. 11-056666) or "Exhibit 21" (JP Patent Publication No. 2002-085289).
The classifications ("FI" and "F-term") in the "Application Information" of "Exhibit 1" (JP Patent Publication No. 11-056666) and "Exhibit 21" (JP Patent Publication No. 2002-085289) are listed on the right side of the publication.
The classifications highlighted in pink are common (overlapping) with the subject patent (JP Patent Publication No. 2006-296856), and there are many of them.
Given this, it is puzzling why the examiners at the Japan Patent Office were unable to find these two patent documents.
This again proves the low level of research ability of the examiners at the Japan Patent Office.
It is not permissible to grant a patent based on a careless (search) by an examiner at the Japan Patent Office examination stage.
Therefore, I believe that the Japan Patent Office should not have granted a patent to Fukuyo Co., Ltd.'s application in the first place.
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 have attached documents such as "Selection of search terms/classifications (FI, F-terms) and creation of search logical 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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