Cancellation of the decision (defendant = Cowan Co., Ltd.'s rights invalid). This is the 342nd case in which the Intellectual Property High Court has declared the rights invalid.
Cancellation of the decision (defendant = Cowan Co., Ltd.'s rights invalid).
This is the 342nd case in which the Intellectual Property High Court has declared the rights invalid.
https://docs.google.com/spreadsheets/d/1yXF7yVcY4xPYY5AJQUqg5MbNEH9LURzJ/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
Cancellation of the decision (defendant = Cowan Co., Ltd.'s rights invalid).
This is the 342nd case in which the Intellectual Property High Court has declared the rights invalid.
The patent owner, Cowan Co., Ltd., was sued for invalidation (Invalidation 2019-800010) by Giken Seisakusho Co., Ltd., which is believed to be an interested party, but the Japan Patent Office's Trial Department ruled that the request for trial was invalid, and the patent was upheld. Giken Seisakusho Co., Ltd. was dissatisfied with this decision and appealed to the Intellectual Property High Court.
The Intellectual Property High Court ruled that "the decision made by the Japan Patent Office on August 21, 2019, in Case Invalidation No. 2019-800010 is revoked."
In its reasons for this, the Intellectual Property High Court stated that "Regarding Invention 1, both grounds for revocation asserted by the plaintiff, 1 and 2, are valid, and therefore the decision in this case should be revoked."
Furthermore, the court also stated that "with regard to Inventions 2 to 9, the decision in this case holds that there is no reason for invalidating Invention 1, and therefore there is no reason for invalidating its dependent claims, Inventions 2 to 9, either, and the decision in this case should be set aside."
Here, "Reason for cancellation 1" is (Reason for invalidation 1) "It was publicly known that the integrated chuck frame could be appropriately replaced depending on the object to be pressed in, and it was publicly known that a small integrated chuck frame would be sufficient for 400 mm."
Also, "Reason for cancellation 2" is (Reason for invalidation 2) "It was publicly known or well-known that a detachable chuck device in which only the chuck device at the tip is appropriately replaced depending on the object to be pressed in, and it was publicly known or well-known that a small chuck device would be sufficient for 400 mm."
As evidence of "public knowledge or well-known knowledge," the opponent cites "Exhibit 1" (Exhibit 1: STILL WORKER WP-150) manual, parts list, and catalog submitted by the opponent (Giken Seisakusho Co., Ltd.).
These "Exhibit 1" (manuals) could not be found at the JPO stage.
This again proves that the JPO examiners' investigative abilities are weak. It is not acceptable to grant a patent based on a careless search by an examiner at the JPO examination stage.
Of course, it is probably impossible for the JPO examiners or administrative judges to find catalogs or technical explanation documents.
Therefore, I believe that the JPO should not have granted a patent to Cowan Co., Ltd.'s application.
Here, I have listed the "FI" and "F-term" from the "Application Information" of this patent publication (JP Patent Publication No. 2014-062458) on the second sheet of this Excel document.
Furthermore, I have attached materials 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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