The plaintiff's claim was dismissed (the plaintiff's rights are invalid). This is the 344th 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 344th case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/1exB052QUNctaiP4UcSKOV9JkQyEmBYqS/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The plaintiff's claim was dismissed (the plaintiff's rights are invalid). This is the 344th case in which the Intellectual Property High Court has found the rights invalid.
After the patent right was confirmed by the Japan Patent Office, an invalidation trial was filed by an interested party and the right was found to be invalid, and the Intellectual Property High Court later ruled the right to be invalid as well.
The patent owner, Wireless Future Technologies Inc., lost an invalidation trial (Invalidation 2017-800017) filed by Sony Corporation, which is believed to be an interested party, and the Japan Patent Office ruled that "the patent for the invention related to claims 1 to 16 of Patent No. 5081296 is invalid."
The Japan Patent Office examiner ruled that "There is reason for invalidation grounds 6 and 7, so the patent for the invention related to claims 1 to 16 of this patents should be invalidated pursuant to the provisions of Article 123, Paragraph 1, Item 4 of the Patent Act."
Here, (Reason for invalidation 6) is "Patent inventions 1 to 16 were made in response to patent applications that do not meet the requirements set forth in Article 36, paragraph 6, items 1 and 2 of the Patent Act, and therefore fall under Article 123, paragraph 1, item 4 of the Patent Act and should be invalidated." Article 36, paragraph 6, items 1 and 2 of the Patent Act are violations of the "support requirement" and the "clarity requirement."
Also, (Reason for invalidation 7) is "Patent inventions 1 to 16 were made in response to patent applications that do not meet the requirements set forth in Article 36, paragraph 4, item 1 of the Patent Act, and therefore fall under Article 123, paragraph 1, item 4 of the Patent Act and should be invalidated." Article 36, paragraph 4, item 1 of the Patent Act is a violation of the "enablement requirement."
The examiner at the Japan Patent Office (Yoshiharu Ishihara) made a judgment on the violation of this "support requirement" in the "Notice of Reasons for Refusal."
However, the patent office ended up making a "decision to register."
Here again, the Patent Office's examiners' poor judgment is proven.
The patent owner, Wireless Future Technologies Inc., appealed the Patent Office's decision to invalidate the patent to the Intellectual Property High Court, but it was dismissed.
The Intellectual Property High Court's decision was almost identical to the Patent Office's decision, and "the plaintiff's claim is dismissed."
It is not permissible to grant a patent based on the careless judgment of an examiner at the Patent Office examination stage.
Therefore, I believe that the Patent Office should not have granted a patent to Wireless Future Technologies Inc.'s application.
Here, I have listed the "FI" and "F-term" from the "application information" of this patent publication on the second and subsequent sheets of this Excel document.
In addition, I will attach documents such as "Selection of search terms and classifications (FI, F-terms) and creation of search formulas", "Specific examples", "Searches using insufficient and irrelevant "logical search formulas" conducted by searchers of registered research organizations", and "Patent documents that searchers of registered research organizations (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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