The plaintiff's claim was dismissed (Plaintiff = E.K.C. Technology Inc.'s rights invalid). This is the 325th case to be declared "invalid" by the Intellectual Property High Court.
The plaintiff's claim was dismissed (Plaintiff = E.K.C. Technology Inc.'s rights invalid).
This is the 325th case to be declared "invalid" by the Intellectual Property High Court.
https://docs.google.com/spreadsheets/d/1gt6n-SYqXEmFBEcb_XMGXc_uIayUFpXM/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The patent owner, E.K.C. Technology Inc. Fujifilm Corporation, which is believed to have an interest in Technology Inc., filed an invalidation trial (Invalidation 2015-800143) against the company, and the Japan Patent Office ruled that "the patent for the invention related to claims 1 to 9 of Patent No. 5456973 is invalid."
The company lost the trial. Note that claims 10 to 15 have been deleted by correction and do not exist.
The judges at the Japan Patent Office ruled that the invention was invalid due to "violation of Article 36, Paragraph 4, Item 1 (enablement requirement)" and "violation of Article 36, Paragraph 6, Item 1 (support requirement)" of the Patent Act.
Furthermore, the judges cited "Patent Document 1 A" (Patent Publication No. 2002-520812) and "Patent Document 2" (Patent Publication No. 2002-196510) presented by the plaintiff and ruled that the invention was "violated Article 29, Paragraph 2 (inventive step requirement) of the Patent Act."
During the examination stage at the Japan Patent Office, the examiner (Furutsuma Taiichi) found "Ko-1 Invention" (JP Patent Publication No. 2002-520812), but presented it to the applicant as a "reference technical document."
However, he did not find "Ko-2" (JP Patent Publication No. 2002-196510).
To the right of the publication of "Ko-2" (JP Patent Publication No. 2002-196510), I have attached the "FI" and "F-term" from the "application information."
The classifications highlighted in pink are common to the subject patent (JP Patent Publication No. 2008-519295), and there are many of them.
Why was the examiner at the Japan Patent Office unable to find "Ko-2" (JP Patent Publication No. 2002-196510)?
Here again, it is proven that the "search ability" (search) of the examiner at the Japan Patent Office is weak.
And the patent owner, E.K.C. EKC Technology Inc., appealed to the decision of the JPO judge to invalidate the application, but the appeal was dismissed.
The IP High Court's decision was almost identical to the JPO's decision, dismissing the plaintiff's claim.
It is not permissible to grant a patent based on a sloppy search or weak judgment by an examiner at the JPO examination stage.
Therefore, I believe that the JPO should not have granted a patent to EKC Technology Inc.'s application.
I have listed the "FI" and "F-term" from the "Application Information" of the patent in question (JP Patent Publication 2008-519295) on the second and subsequent sheets of this Excel file.
（hashtag）
#INPIT #JPlatPat #note #OpenAI #Claude #JPO #USPTO #KIPO #EPO #Patent #ChatGPT #GPT #ChatGPT4 #Gemini #Threads #bing #bingAI #VertexAI #AI #DX #IT #DeepSeek #Copilot #BigTech #HowtoUseAI #AIImageGeneration #ITEngineer #ITIndustry #ITCompanies #ITVentures #ITization #ITSystems #ITLiteracy #ITTools #DXization #DXPromotion #DXTalent #DXCases #DXLiteracy #IPLandscape #Generative AI #DeepLearning #Work #DeepLearning #Business #BusinessSkills #BusinessModel #BusinessOpportunities #IntellectualProperty #IntellectualPropertyStrategy #IPSchool #IntellectualProperty #IntellectualPropertyRights #IntellectualPropertyHighCourt #Patent #PatentResearch #PatentLaw #PatentOffice #PatentClassification #PatentSearch #PatentAnalysis #PatentInformation #PatentHolder #PatentInvalidationTrial #Patent #ClassificationAssignment #PriorArtSearch #InfringementInvestigation #Patent #Invention #InventionSchool #SearchLogicalFormula #Examiner #Judge #Court #ApplicationInformation #TokyoDistrictCourt #IPSolutions #IntellectualPropertyStrategy #IPManagementStrategy #IPinformation #IPwork #IPactivities #IPdepartment #IPpractice #IPpractitioner #IPofficer #IPservice #IPindustry