Category: blog

  • —

    by

    kazu
    in

    Episode 11 The Design Law stipulates “In this law, ‘design’ refers to the shape of an object, the shape of a building or a picture that evokes a feeling of beauty through the visual sense.” (Article 2, paragraph 1 of the same law) .What is this “sense of beauty”? First, there is the traditional decorative…

  • —

    by

    kazu
    in

    Episode 10 In episode 9, we explained about trademark registration applications, but this time we will explain about appeals. Even if you file a patent, design, or trademark application and receive a decision of refusal, you can request an appeal against the decision of refusal. In appeals against decisions of refusal, approximately 70% of requests…

  • —

    by

    kazu
    in

    Episode 9 In recent years, the number of trademark registration applications has been on the rise, with approximately 60% of applications being filed by individuals and small and medium-sized enterprises. However, the number of unregistered cases after registration assessment is also increasing. Furthermore, approximately 80% of claims are successful in non-use cancellation trials (Article 50…

  • —

    by

    kazu
    in

    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…

  • —

    by

    kazu
    in

    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,…

  • —

    by

    kazu
    in

    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…

  • —

    by

    kazu
    in

    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…

  • —

    by

    kazu
    in

    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…

  • —

    by

    kazu
    in

    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)…

  • —

    by

    kazu
    in

    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…