Cancellation of the decision (defendant = Fuji Medical Co., Ltd.'s rights invalid). This is the 338th case in which the Intellectual Property High Court has found the rights invalid.
Cancellation of the decision (defendant = Fuji Medical Co., Ltd.'s rights invalid).
This is the 338th case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/1rU5ervJFi-FyFGRD0TvJFtC1G3FL46tc/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
Cancellation of the decision (defendant = Fuji Medical Co., Ltd.'s rights invalid).
This is the 338th case in which the Intellectual Property High Court has found the rights invalid.
After the patent right was finalized by the Japan Patent Office, an invalidation trial was filed by an interested party, and although the party initially won, the Intellectual Property High Court later ruled that the right was invalid.
In other words, Fuji Medical Co., Ltd., the patent holder, had an invalidation trial (Invalidation 2018-800007(1)) filed by Family Inada Co., Ltd., which is thought to be an interested party, but the Japan Patent Office's trial department ruled that the request for trial was invalid, and the patent right was maintained.
On the other hand, Family Inada Co., Ltd., which lost the case, appealed to the Intellectual Property High Court (Case No. 10027 of Heisei 31 (Gyo-Ke)).
In response to this lawsuit, the Intellectual Property High Court dismissed the lawsuit by the company, stating that the decision made by the Japan Patent Office on January 29, 2019, in Case Invalidation 2018-800007 is revoked.
Therefore, the Japan Patent Office's Trial Department stated, "In the case of the patent invalidation trial case of Patent No. 5162718 "Chair Massage Machine" dated January 29, 1991, the Intellectual Property High Court has made a decision to revoke the decision (No. 1027 (Ke) of Heisei 31, Judgment handed down on December 25, 2019), and after further review, we make the following decision. "The reason for invalidation 2 is valid, so the patent in question should be invalidated without considering the other reasons. () (Reason for invalidation 2) is, "
The patent in question was made in response to an application that does not meet the requirements set forth in Article 36, Paragraph 4, Item 1 of the Patent Act, and therefore falls under Article 123, Paragraph 1, Item 4 of the same Act and should be invalidated." Article 36, Paragraph 4, Item 1 of the Patent Act is "violation of the enablement requirement."
Here again, the weak judgment ability of the examiners at the Japan Patent Office is proven.
It is not acceptable for a patent to be granted based on the careless 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 Fuji Medical 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 (JP Patent Publication No. 2012-196550) on the second sheet of this Excel document.
Furthermore, I have attached documents such as "Selection of search terms/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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