The plaintiff's claim was dismissed (the plaintiff's rights are invalid). This is the 339th 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 339th case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/19rvNEaYSN7oCzJiYCKozUCsVk3LLsAej/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The plaintiff's claim was dismissed (the plaintiff's rights are invalid).
This is the 339th case in which the Intellectual Property High Court has found the rights invalid.
The patent owner, Wacker Chemie AG, lost the opposition (Objection 2017-701223) filed by a third party, Masami Hoshi, and the Japan Patent Office ruled that "the patents relating to claims 1-4, 8, and 11 of Patent No. 6154074 are revoked."
The examiner at the Japan Patent Office ruled that "the patents relating to claims 1-4, 8, and 11 of Patent No. 6154074 are revoked," and based his decision on the basis that "the patents relating to claims 1-4, 8, and 11 in this case were issued in response to a patent application that did not meet the requirements set forth in Article 36, Paragraph 6, Items 1 and 2 of the Patent Act, and therefore fall under Article 113, Paragraph 4 of the Patent Act and are therefore revoked."
In this case, Article 36, Paragraph 6, Item 1 of the Patent Act is (violation of the support requirement), and Article 36, Paragraph 6, Item 2 of the Patent Act is (violation of the clarity requirement)
The patent owner, Wacker Chemie AG, appealed the decision of the JPO's examiner to invalidate the patent, but the suit was dismissed.
The JPO's decision on "ground for revocation 1" (misjudgment on the clarity requirement) was found to be incorrect, and the statement of claim 1 was so unclear that it unduly harmed the interests of third parties. Claims 2 to 4 and 11, which cite this claim, are also unclear.
Therefore, there is no reason for revocation 1. The court then dismissed the plaintiff's claim, and the patent was ultimately invalid.
At the JPO's examination stage, the examiner (Hideaki Morisaka) listed "Article 36, Paragraph 6, Item 2 of the Patent Act" (violation of the clarity requirement) as the applicable provision in the "Notice of Refusal."
However, in the end, the patent was granted.
It is not permissible to grant a patent based on the weak judgment of an examiner at the Japan Patent Office examination stage.
Therefore, I believe that the Japan Patent Office should not have granted a patent to Wacker Chemie AG's application.
Here, I have listed the "FI" and "F-term" from the "application information" of this patent publication (JP Patent Publication No. 2016-528155) on the second sheet of this Excel document.
In addition, I have attached documents such as "Selection of search terms and classifications (FI, F-term) 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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