Category: blog
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Episode 8 Continuing from episode 7, we will explain the descriptions in patent specifications. When preparing a patent specification, a patent attorney or patent engineer may add new information to the proposal prepared by the inventor, pretending to know the information. Case 2 (Maxacalcitol case) in “Regarding the technical scope of patented inventions and their…
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Episode 7 When preparing a patent specification, whether or not “effects of the invention” should be described. If so, should it be written in the [effects of the invention] column or in the “mode for carrying out the invention” column? There are lawyers and patent attorneys who are debating whether it should be done(https://jpaa-patent.info/patent/viewPdf/3240). However,…
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Episode 6 In Japan, the number of intellectual property lawsuits, including patent infringement lawsuits, is extremely low compared to other countries, and the success rate of patent holders in patent infringement lawsuits is lower than in other countries (https://www.kantei.go.jp/jp/singi/titeki2/tyousakai/kensho_hyoka_kikaku/tf_chiizai/dai3/sankousiryou03.pdf). Due to this, a phenomenon called “Japan Passing” is occurring. This means that the number of…
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Episode 5 Continuing from Episode 4, we will explain the protection of intellectual property rights under various laws. Software (computer program) algorithms are protected by patent law, and algorithms are represented in flowcharts. When exercising rights regarding a program invention, the invention must be compared with the subject invention according to the flowchart, and the…
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Episode 4 As explained in [Characteristics of our Firm], intellectual property rights are protected by various laws.Among these, copyright is such that “the enjoyment and exercise of the right does not require any form of performance” (Article 5, Paragraph 2 of the Berne Convention). Japan is a member of the Berne Union, and “if there…
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Episode 3 In Japan, after filing a patent application (Article 36 of the Patent Act) and requesting examination (Article 48-2 to 4 of the same Act), the rate of registration being granted at the first notification (the rate of registration being achieved immediately without notification of reasons for refusal) is 14.3% (January to December 2022)…
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Episode 2 Continuing from the first episode, I will write about how to tell the difference between a good and bad patent firm based on its website. Even if you create a website, there is no point in leaving it as is, and it will only have negative effects. A website is a place for…
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Episode 1 Once you start your own practice as a patent attorney and start doing everything yourself, you will be able to see the imperfections of other patent firms more clearly. Therefore, we will write down the real image of a patent office that can be seen through the website. Website domains include “.com”, “.jp”,…