2019(Gyo-Ke)10097 (March 19, 2020) “SIMPLIFIED BOW TIE OR SIMPLIFIED TIE” Case

Inventive step

(Conclusion)
Inventive step is found.

*The recognition of cited inventions is sufficient to the extent that it is necessary to carry out the technical matters necessary for comparison with the present invention without excessive examination.
⇒ It is not needed to consider in more detail.

*The decision of the Patent Office broadly identified the problems of the present inventions and the cited inventions, but this decision specifically identified these problems.
⇒ Since how to decied the problems of the present inventions and the cited inventions affects the identity of the task, it affects the judgment of feasibility.

 

<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>

https://www.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-2694.pdf

 

 

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