The IP seminar at Gifu University September 2019
In next month’s lecture, patent attorney Motoaki Hattori will explain the identity between a parent application and a divisional application, looking at a patent based on a divisional application in which features of a later product had presumably been incorporated into the scope of claims after the fact. A trial for patent invalidation was filed by the manufacturer of the later product. The JPO admitted the Request for Correction and deemed that “the retroactive filing date of the application is not acceptable since the present application does not meet the requirement of a divisional application, and therefore the patent lacks novelty over the publication of its parent application.” The Intellectual Property High Court upheld the JPO’s decision.
Date: September 20, 2019
Speaker: Motoaki HATTORI
Location: Gifu University, Collaborative Center for Academic Industry Government