Doc Code: PPH.PCT.652 the JAPAN PATENT OFFICE (JPO) and THE
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Japan Patent Office Long-Term Fellowship Program on The
Japan Patent Office Long-term Fellowship Program on the Intellectual Property under the Japan Patent Office FY2019 Research Theme: Considerations towards the adoption of the Patent Cooperation Treaty (PCT) in Argentina - Learning from the awareness and promo- tion of the PCT in Japan Submitted By Alejandro Javier Cafiero (Argentina) Universidad Nacional de La Plata (UNLP) Supervisor: Dr. Yorimasa Suwa Senior Researcher, APIC-JIPII Advisor: Prof. Junji Nakagawa Faculty of Liberal Arts, Chuo Gakuin University Mr. Daisuke NAGANO General Manager/ Patent Attorney Policy & Strategic, International Affairs Division Japan Intellectual Property Association The views and findings in this report are those of the author and do not necessarily reflect the views and policy of the organization or sponsor of this study. ○c JPO 2020 Abstract The Patent Cooperation Treaty (PCT) is a multilateral treaty of vital importance for the harmonization of the Patent system at the international level. Applicants of coun- tries that have accessed the PCT benefit by having affordable, simpler international filing procedures and speedier preliminary examinations. National Patent Offices are also im- proved by accessing the Treaty, as they are required to comply with several international standards. 153 countries have accessed the Treaty to date. Despite the advantages of taking part of the PCT, Argentina has refused to access it, mostly due to a lack of a national IP strategy, misconceptions about the PCT and the op-position of some domestic pharmaceutical companies. The lack of PCT availability in Argentinian puts domestic applicants at a disad- vantage against international counterparts. Such applicants range from universities, re- search centers and innovative companies to entrepreneurs and inventors. -
( 12 ) United States Patent
US010092706B2 (12 ) United States Patent ( 10 ) Patent No. : US 10 , 092 ,706 B2 Denzer et al. (45 ) Date of Patent : Oct. 9 , 2018 ( 54 ) AUTOINJECTOR APPARATUS (58 ) Field of Classification Search CPC . .. A61M 5 /50 ; A61M 5 /20 ; A61M 2205 / 121 ; (75 ) Inventors : Michael Denzer, Ringoes , NJ (US ) ; A61M 2205 / 123 ; A61M 5 / 3271 ; Robert W . Swift , Fillmore , CA (US ) ; (Continued ) Neal D . Johnston , Dallas , TX (US ) ; Gabriele Ganzitti , Milan (IT ) ; ( 56 ) References Cited Kenneth R . Ewing , Fremont, CA (US ) ; Suhas Krishna , Simi Valley, CA (US ) U . S . PATENT DOCUMENTS 2 ,701 , 566 A 2 / 1950 Krug (73 ) Assignee : AMGEN INC ., Thousand Oaks , CA 2 , 565 ,081 A 8 / 1951 Maynes (US ) (Continued ) ( * ) Notice : Subject to any disclaimer, the term of this patent is extended or adjusted under 35 FOREIGN PATENT DOCUMENTS U . S . C . 154 ( b ) by 594 days . AU | 2009249027 B2 8 / 2014 CA 2074565 C 2 / 2000 (21 ) Appl. No. : 14 /112 ,479 (Continued ) (22 ) PCT Filed : Apr. 20 , 2012 OTHER PUBLICATIONS ( 86 ) PCT No. : PCT/ US2012 / 034535 “ Final Office Action , dated Apr. 20 , 2015 , issued in related Japanese $ 371 (c ) ( 1 ) , Patent Application No. JP 2014 - 021052 ( counterpart to related U . S . ( 2 ) , ( 4 ) Date : Sep . 17, 2014 Appl. No . 12 /993 , 163 ) ” . (Continued ) (87 ) PCT Pub. No. : W02012/ 145685 Primary Examiner — Bradley J Osinski PCT Pub . Date : Oct. 26 , 2012 (74 ) Attorney, Agent, or Firm — Marshall, Gerstein & Borun LLP (65 ) Prior Publication Data US 2015 / 0045729 A1 Feb . 12 , 2015 (57 ) ABSTRACT An autoinjector apparatus is disclosed which comprises a Related U . S . Application Data single - use cassette and an autoinjector. -
Preparation and Filing of a Provisional Patent Application I
i Preparation and Filing of a Provisional Patent Application Introduction A provisional application is a means for inventors to easily, quickly and inexpensively obtain “patent pending” status and establish a priority date in the United States Patent and Trademark Office. The provisional application has a one year term. Prior to the expiration of the provisional, a regular utility patent application must be filed which claims priority to the earlier filing date of the provisional. The provisional application is usually less expensive since all of the formal requirements that are needed for a regular utility patent application are not required. In addition, there is no requirement to include write “claims” for the invention. While the claims are important to ultimately define the scope of the invention, preparation of valid claims can be the most difficult section for the lay person to prepare. To the untrained eye, the claims sometimes appear to include highly technical jargon written in a foreign language. But the legal requirements of defining the metes and bounds of an invention require a high degree of precision which is not always easily expressed in plain language. Assuming that the same subject matter of the utility application is included in the provisional application, it is as if the utility application was filed as of the earlier provisional date. This is important since the first to file will typically be considered the first inventor. Note that the provisional priority date only applies for material included in the provisional application. Thus, details are important! During this one year period, the inventor can investigate the commercial feasibility of the invention to determine if the cost of a regular patent application is worth the expense. -
Japan Patent & Trademark Update
TMI Associates Issue7 (July 2017) Japan Patent & The reason for this misconception could be that some in the below graph, in 70% of patent infringement lawsuits First, as shown in the below graph, the number of patent In sum, the decrease in the total number of patent applications by 2007; however, the Defendant continued using the articles discuss statistics regarding Japanese patent the judges did not make any decisions on the validity of the applications filed from the other IP5 countries does not show seems to have mostly come from the change in patent filing trademark “Eemax”. The Plaintiff sued the Defendant for Unfair Trademark Update lawsuits based only on those cases which have reached a patents. Further, in 43% of patent infringement lawsuits, such a decrease. Rather, the number of patent applications filed policy, i.e., shifting the focus from quantity to quality Competition asserting that the Defendant’s use of “Eemax” was judgment. The information on settled cases, as shown in even though the plaintiffs made invalidation arguments, the by U.S. entities has actually been increasing since 2013. of patents, and not as a result of any decrease in the impermissible given that it is a well-known trademark of the the above graph, was not announced before, and such judges still did not make any decisions with respect to validity. importance of obtaining patent protection in Japan. Plaintiff, even if the Plaintiff had not registered the mark. In success rate could previously only be examined based on In other words, it is inappropriate to derive any significant Number of patent applications filed by foreign entities response, the Defendant filed a counterclaim asserting that the cases in which judgments were rendered. -
Does Prior Art in a Provisional Patent Application Bar Future Patents
Missouri Law Review Volume 76 Issue 3 Summer 2011 Article 13 Summer 2011 Secret Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents Kyle Gottuso Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Kyle Gottuso, Secret Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents, 76 MO. L. REV. (2011) Available at: https://scholarship.law.missouri.edu/mlr/vol76/iss3/13 This Conference is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Gottuso: Gottuso: Secret Prior Art NOTE "Secret" Prior Art: Does Prior Art in a Provisional Patent Application Bar Future Patents? In re Giacomini, 612 F.3d 1380 (Fed. Cir. 2010). KYLE GOTTUSO* I. INTRODUCTION The recent case of In re Giacomini presented the United States Court of Appeals for the Federal Circuit with the issue of whether a provisional patent application could contain prior art that would bar a subsequent patent from registration. In this matter of first impression, the Federal Circuit interpreted the plain language of 35 U.S.C. sections 102(e) and 119 as permitting a pro- visional patent application to shift a patent application's priority date, thereby enabling prior art to be found in an otherwise unpublished provisional patent application.' With this ruling, the Federal Circuit increased the scope of "se- cret" prior art that is unavailable to an inventor until well after his patent fil- ing. -
Patenting by Bethe.Arnold and T in Legally a Patenting
Foley Hoag eBook PATENTING Patenting A Guidebook for Those Involved in Legally Protecting Products and Technologies Driving Business Advantage by Beth E. Arnold 1 Contents Preface ............................................................................................................3 Chapter 1 What Is a Patent? ..........................................................................................4 Chapter 2 What Is Potentially Patentable? ................................................................8 Chapter 3 What Is Not Patentable? ...........................................................................10 Chapter 4 How Is a Patent Obtained? .......................................................................16 Chapter 5 What Should You Do Before Filing a Patent Application? ...............26 Chapter 6 What Shouldn’t You Do Before Filing a Patent Application? ...........31 Chapter 7 How Are Foreign Patents Obtained? .....................................................32 Chapter 8 Who Is an Inventor on a Patent? ............................................................37 Chapter 9 Who Owns the Patent? ..............................................................................39 Chapter 10 How Long Is a Patent in Effect? .............................................................43 Patent Group......................................................................................................46 About Foley Hoag ...............................................................................................46 -
The IPDL (Includes Pajs) & AIPN
TopicTopic 99 TechniqueTechniquess forfor AccessingAccessing Databases:Databases: thethe IPDLIPDL (includes(includes PAJsPAJs)) && AIPNAIPN Taro Daiko Patent Information Policy Planning Office Japan Patent Office 1 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 2 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 3 1. Importance of accessing databases ・Utilization of documents cited in international phases and national phases ・Utilization of examination information (File Wrapper Information) of other foreign patent offices Accessing databases in IP Offices leads to work-sharing and efficient examinations in each IP Offices. International Phase Receiving Office Search Cited JP documents Reports National Phase IPDL IP IP JPO Office A Office B AIPN JPO IPDL Examination information Cited JP documents 4 1. Importance of accessing databases JPO provides two databases that can be accessed to obtain JP documents and JPO's examination information Foreign IP Offices IPDL AIPN *Public Use *Examiner-only Use (1)JP documents JPO’s Examination ・Patent Information ・ ・Utility Model Office Actions ・ ・Design Dossier Information ・ ・Trademark Legal Status ・Cited Document ・ (2) Patent Abstracts of Patent Family Japan (PAJ) 5 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 6 Search Example of IPDL Documents Patent & Utility Model Gazette Database - Patents and utility model gazettes can be searched by number and classification (FI/F term). - All items of information (except drawings) are translated by machine. An example of publications of unexamined patent applications 7 What is the IPDL? IPDL=Industrial Property Digital Library *URL: http://www.ipdl.inpit.go.jp/homepg_e.ipdl Patent & Utility Model Database Machine Translation PAJ Database Design Database Trademark Database Machine Translation IPDL’s Database in English 2. -
Role of Patent Attorney 2009.Pdf
CONTENTS Page I. Patent·······················································································································································1 1. General Views ·································································································································1 2. The Role of a Patent Attorney ·······································································································3 3. The Dialogue with Applicants·······································································································4 (1) Approach by Applicants··········································································································4 (2) Conflict of Interest ···················································································································5 (3) Responsibilities of Patent Attorneys······················································································8 4. Search ···············································································································································9 5. Preparation and Filing of Patent Applications·············································································9 (1) Documents Required···············································································································9 (2) The Task of a Patent Attorney ······························································································11 (3) Order -
Trademark Updates in Japan 2019
R egional Collective Trademarks E XAMINATION FLOW Regional collective trademarks are trademarks that consist of regions’ names and the names After completing formality checks, examiners conduct substantive examination. If they find no of goods (and/or services) particular to the respective regions. They are registered by reasons for refusal, they will send a “Decision of Registration” to the applicant, and the associations affiliated with the regions, who intend to let their members use the trademarks, as trademark will be granted exclusive rights after the applicant pays the applicable registration Trademark long as the trademarks have become well known in a certain area. fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome the Registration No. 5069264 Registration No. 5068214 refusal. If not resolved, the application will be refused. The applicant, in this situation, can 「神戸ビーフ」(Kobe Beef) (Yokohama Chinatown) appeal to reverse the examiner’s decision. Updates Trademark Application Publication of Formality Check application in Japan Substantive Examination Decision of Registration Notification of Reasons for Refusal Registration Fee Payment Written Argument Written Amendment Registration ■The Logo Mark of Regional Collective Trademarks Decision of Refusal The logo to right, which was launched in January 2018, is used to 10 years Publication of identify local specialties as those that have been registered under the trademark gazette Appeal against [omitted] regional-collective-trademark system. It was created to raise awareness Decision of Refusal Invalidation trial Extinguishment / 2 months Cancellation trial Renewal of right of the system. -
Library Start Your Business: Draft a Patent Application
Library Start Your Business: Draft a Patent Application Azalea Ebbay Librarian, San Diego Public Library Roya Bagheri Staff Attorney, San Diego Volunteer Lawyer Program, Inc. Paul Yen Primary Examiner, U.S. Patent and Trademark Office June 10, 2020 Library Overview • Patent and Trademark Resource Center with Azalea Ebbay • San Diego Volunteer Lawyer Program, Inc. with Roya Bagheri • Learn How to Draft a Patent Application with Paul Yen Library Patent and Trademark Resource Center • Provide free access to patent and trademark resources provided by the USPTO • Direct you to information and explain the application process and fee schedule • Demonstrate how to use patent and trademark search tools • Show you a directory of local patent attorneys and agents who are licensed to practice before the USPTO • Assists with patent searches for an ancestor’s inventions • Offers free educational programs Note: We cannot provide business or legal advice. We cannot perform patent or trademark 2019 Start Your Business event searches. with San Diego Volunteer Lawyer Program, Inc. and Procopio Library Teaching patents to high school students for UCSD Rady School of Management’s LaunchPad Kid’s Invent It Month, a program children’s themed program Library You can borrow free small business eBooks with your library card on CloudLibrary. You can also pick up your holds at select San Diego Public Library locations. Library Our Final Event with the U.S.P.T.O. Trademark Application Walk-through with Jason Lott Date: June 17th Time: 2-3:30 p.m. PST Registration website: https://sandiego.librarymarket.com/events/start-your-business-trademark-application-w alk-through-webex-event Any questions? Azalea Ebbay, San Diego Public Library [email protected] (619) 238-6683 San Diego Volunteer Lawyer Program, Inc. -
Japan Patent Office
The Case Studies of the Procedures under the New Employee Invention System November 2004 Japan Patent Office ※This is an unofficial translation. Introduction The new employee invention system shall, as a rule, entrust “appropriate remuneration” relating to employee-invention to a “voluntary agreement” between the employers and the employees. However, there are some inappropriate cases to be entrusted to the “voluntary agreement” because inappropriate decision can be decided due to difference in positions of the employers and the employees. Therefore, under the new employee invention system, where it is considered unreasonable to pay remuneration in accordance with the contract, employment regulation or other stipulations, remuneration calculated by consideration of certain elements shall be “appropriate remuneration” as well as in case of existing employee invention system. Unreasonableness shall be judged, particularly focusing on the procedural elements among those in the whole process until the remuneration is determined and paid. But, the new employee invention system does not define detailed procedures so that remuneration can be determined in response to various actual situations of the employers and the employees avoiding excessive intervention by setting the law which accompanies actual methods of consultation etc. On the other hand, “Improvement of employee invention system”, a report summarized by the Intellectual Property Policy Committee, has stated that the Patent Office should compile case studies which indicate when the determination of “remuneration” should be judged to be obviously unreasonable for the purpose of prevent the unreasonable determination of “remuneration” between the employers and the employees. Furthermore, in Diet proceedings, some members indicated that case studies to which the employers and the employees can refer for taking the procedure should be prepared. -
Examination Handbook for Patent and Utility Model in Japan
Examination Handbook for Patent and Utility Model Japan Patent Office Table of Contents Part I Outline of Examination Part II Description and Claims Part III Patentability Part IV Amendments of Description, Claims or Drawings Part V Priority Part VI Special Applications Part VII Foreign Language Written Applications Part VIII International Patent Application Part IX Extension of Patent Term Part X Utility Model Part XI Affairs in General Annex Annex A Case Examples Annex B Application examples of the specific technical fields Annex C Handbook for Preparing Report of the Utility Model Technical Opinion Annex D Court precedents Note: When any ambiguity of interpretation is found in this provisional translation, the Japanese text shallPart prevail. I Chapter 1 Principles of the Examination and Flow of Examination Part I Oultine of Examination Contents Chapter 1 Principles of the Examination and Flow of Examination ......................... - 3 - 1101 Timing of Application of the Examination Guidelines and the Reasons for Refusal, etc. relating to the Examination Guidelines ............................................... - 3 - Chapter 2 Procedures of Examination ....................................................................... - 1 - 1201 Prior Art Searches by Registered Search Organizations .............................. - 1 - 1202 Submission of information to Patent Applications ....................................... - 3 - 1203 Examination When Utilizing the Search Result, etc. of Japan Patent Office as International Authority, Foreign