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Decisions

The Japan Patent Office (JPO) provides professional English translations of trial/appeal decisions, decisions on oppositions, and Hantei (advisory opinions on the scope of industrial property rights) categorized by type, field, or other attributes of a case that help in the understanding of the law and its operation, for the purpose of improving and enhancing the international reach and quality of information provided on industrial property rights applicable in Japan.

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Table of Contents

Last updated documents (July 2020)

1. Patents and Utility Models

Types JPO Docket Numbers Decisions
(JP)
Decisions
(EN)
Topics Abstracts
Appeal 2017-000433 Japanese(PDF) English(PDF) Inventive Step A case of denying inventive step for the reason that the "fixed information" relating to the Invention, which is a cash card-less provision system, can be an "account number" by conversion through decoding corresponding to encryption, and is not substantially different from the "temporary information" in the Cited Invention which is converted into "customer account information".
Appeal 2018-004523 Japanese(PDF) English(PDF) Inventive Step Since the switches of Cited Invention are switches to be brought into the disengaged state, it is obvious that noise due to a parasitic capacitance is generated when the switches are in the off state, so that as a means for solving the obvious problem, it is easy to make the Invention by applying the well-known art described in Cited Document 2 to Cited Invention. Therefore, the inventive step thereof is denied.
Appeal 2018-008713 Japanese(PDF) English(PDF) Amendment, Inventive Step A case of a judgment that the Amendment at the time of the appeal is not intended for Article 17-2(5)(ii) of the Patent Act (restriction in a limited way), for the reason that the invention before the Amendment and the invention after the Amendment are not considered to solve the same problem, even though they belong to the same industrial field.
Appeal 2018-010473 Japanese(PDF) English(PDF) Amendment, Inventive Step A case in which, after declining the amendment made at the time of the request for appeal on the ground that the description of the scope of claims after amendment does not satisfy the independent requirements for patentability because it does not meet the requirement of Article 36(6)(ii) of the Patent Act, the Examiner's decision was cancelled for the reason that the inventive step of the invention before amendment cannot be denied.
Appeal 2019-003718 Japanese(PDF) English(PDF) Novelty , Inventive Step This is a case related to a method for delegating control of vehicle functions to a wearable electronic device, for which novelty and inventive step has been denied on the ground that: the different feature between the Amended Invention and Cited Invention is not a substantive different feature; or, even if it is a substantive different feature, the constitution concerning the different feature would have been achieved by a person skilled in the art with ease from Cited Invention.
Appeal 2019-007148 Japanese(PDF) English(PDF) Requirements for Claims A case in which it was judged to violate the requirements for support because the Invention of "a varnish for forming charge-transporting thin-films" for which no material composition has been specified could not be deemed to be within the scope that a person skilled in the art could recognize that the problem to be solved by the invention could be solved, because the specification does not describe the relationship between the problem to be solved by the Invention and the means for solving the problem, and the relationship is also not clear from common technical knowledge as of the filing of the application.
Appeal 2019-013639 Japanese(PDF) English(PDF) Novelty The case in which Different Features in medicinal use between the Invention (a medicament for use in slowing the progression of Parkinson's Disease) and the Cited Invention (a medicament for treating Parkinson's Disease) are examined from viewpoints of "patient groups" and "concrete use conditions such as dosage and administration", resulting in the denial of novelty of the Invention due to the conclusion of the comparison that the Different Features are not substantial differences.
Opposition 2018-700901 Japanese(PDF) English(PDF) Novelty, Inventive Step, Priority A case in which some of the claims are denied novelty or inventive step by judging that a priority claim is not accepted on the basis of a motion on the validity of the priority claim and then examining the cited documents separately for those distributed before the priority date and those distributed after the priority date before the actual filing date.

2. Designs

Types JPO Docket Numbers Decisions
(JP)
Decisions
(EN)
Abstracts
Appeal 2019-004619 Japanese(PDF) English(PDF) It is recognized that an "ALUMINUM INGOT PACKED BODY" that is the article to the design in the application is one article having one specific purpose and function from a generally accepted perspective, and it is also recognized that the form thereof is single. Therefore, it is judged that the present application is an application related to one design and meets the requirement of Article 7 of the Design Act.

3. Trademarks

Types JPO Docket Numbers Decisions
(JP)
Decisions
(EN)
Abstracts
Appeal 2018-003370 Japanese(PDF) English(PDF) Regarding the trademark in the application consisting solely of a color of orange, in addition to the fact that monopoly use by one private person is not appropriate, in a relationship with the designated services, and it cannot be recognized that it has obtained distinctiveness by the use of the appellant. Therefore, the trademark in the application is a trademark by which customers cannot recognize the services as those pertaining to a business of a particular person, and thus it falls under Article 3(1)(vi) of the Trademark Act.

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[Last updated 10 July 2020]

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Inquiry : Trial and Appeal Division, Japan Patent Office

FAX:+81-3- 3584-1987

E-mail: PA6B00@jpo.go.jp

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