W201002 特許庁における特許審査の経緯と現状([W20100](技術と社会部門企画),知財の理想(たてまえ)と現実のギャップ)

Abstract

The patent examination is carried out by an examiner of the Japan Patent Office based on Patent Law, and the practice such as the examination of patentability is carried out based on Examination Guidelines.Among patent examination, the inventive step is an important part in order to control success or failure of the patent application.Recent trends of the practice can be analyzed in a judicial decision."Case study of the inventive step" issued by the Japan Patent Office is useful as one of the documents for such analysis. It is expected that such analysis is tried continuously. According to "Case study of the inventive step", there is some difference between the Patent Office and the judicial decision. In these fields, further discussion is important. The comparative study by the Trilateral Offices (Japan Patent Office, US Patent andTrademark Office, European Patent Office) is also useful as a document to examine the inventive step. Among the Trilateral Patent Offices, the practice has been harmonized, but some problemsare left. It is expected that such comparative study is tried continuously.