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Home> Systems/Procedures> Appeals/Trials> Trial decision on the trial for correction case that includes a change of category from an invention of a “product” to an invention of “a manufacturing process of the product” related to product-by-process claims

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Trial decision on the trial for correction case that includes a change of category from an invention of a “product” to an invention of “a manufacturing process of the product” related to product-by-process claims

July 27, 2016

Trial and Appeal Department, Japan Patent Office

Trial decision that shall allow corrections was made on the trial for correction case that includes a change of category from an invention of a “product” to an invention of “a manufacturing process of the product” “when a claim concerning an invention of a product recites a manufacturing process of the product” (product by process claim).

However, please note that corrections shall not be allowed in every case, and that judgment regarding whether to allow corrections shall be individually made on each case even if the correction includes a change of category from an invention of a “product” to an invention of “a manufacturing process of the product” (product by process claim).

 

[Last updated 27 April 2022]

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Inquiry : Trial and Appeal Division, Japan Patent Office

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