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【ＰＲ】個人様・社長様に特化＆元特許審査官が運営する特許事務所！
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東雲特許事務所（しののめ特許事務所）
弁理士　田村誠治（元特許庁審査官）
【東京都港区新橋】【東京都中央区八丁堀】【東京都北区田端】
【稀有な経歴】特許技術者→特許庁審査官→特許事務所運営

【楽しいホームページ】
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【特許ドットコム】
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【商標ドットコム】
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【ここだけの情報満載のブログ】
個人発明家向け特許・発明教室～目指せ一攫千金！～
https://www.tokkyoblog.com/
【本音モードのブログ】
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【note】
noteはじめました！ブログとYouTubeを同時に楽しめます。
https://note.com/tokkyoblog

https://youtu.be/sJgjSOk72i4
音は出ませんのでぜひご覧ください

＜機械翻訳＞

The most important thing to do when dealing with a rejection notice [Rewritten version]

(Q) I received a rejection notice as a result of the patent examination.

Three references were cited (references 1-3).

From these, it seems that my invention could have been easily invented.

How should I deal with this?

(A) There is a lot of information out there on how to deal with rejection notices.

I think the most important thing is "confidence."

My invention is different from references 1-3!

It's important to have that kind of "confidence."

When your patent is rejected at the examination, you can make a counterargument.

At this time, you can also amend the claims.

The most common reason for rejection is that it was "easy to invent."

This means roughly that

✔ your invention is substantially the same as the invention described in the cited document

✔ there is a difference, but it is not a big difference

"Your invention" is

✔ the invention described in the claims

✔ other inventions are not the subject of examination

(inventions described only in the specification or drawings, inventions that exist only in your head)

Also, "inventions described in cited documents" are, in principle,

✔ inventions described in the parts of the cited documents that the examiner points out

✔ let's leave the other parts aside for the moment

And my invention is different from the invention described in the cited document!

If you can say so "confidently", then you can make a rebuttal.

You may be able to gain confidence by amending the contents of your invention.

In that case, make the amendments and then make a rebuttal.

You will surely get a good result.

If you do not have this "confidence", you cannot make a good rebuttal.

The invention is the same, but is there a formal difference somewhere?

It is not impossible to nitpick like this.

However, this is not recommended and is unlikely to lead to good results.

■What to do if your invention is the same as the invention described in the cited reference?

It is certainly possible to find minor differences and refute them.

However, it is a lot of effort and does not lead to good results.

There is also this opinion:

The chances of getting a patent are extremely low

→It would be more productive to redirect that effort to creating the next invention.

(Rather than spending a lot of effort refuting it...)

Especially in recent years,

✔Examination results have become more rapid.

✔The cost of obtaining a patent has also become cheaper for individuals and small businesses.

I won't go into details here, but the following measures are also effective.

✔ It is also effective to improve the invention of the first application and file a new application

→ One guideline is to file within one year or one and a half years from the date of the first application

✔ It may be wise to not stick to the first application and give up for the time being

✔ Use the cited references presented by the examiner to refine your invention

→ You may be able to obtain a better patent (a patent with high property value)

I hope this is helpful.