個人発明家向け特許・発明教室～目指せ一攫千金！～

＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊
【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！
「おすすめの特許事務所」「おすすめの弁理士」を目指します！
そんな東雲特許事務所（しののめ特許事務所）へのお問い合わせは、
お気軽にこちらからどうぞ！
https://www.patande.com/お問い合わせ/　
（↑お問い合わせフォームが開くだけですのでご安心ください。）
＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊

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】
個人発明家・小規模事業者専門の東雲（しののめ）特許事務所
https://www.patande.com/
【特許ドットコム】
個人・小規模事業者のための特許出願
https://tokkkyo.com/
【実案ドットコム】
個人・小規模事業専門＆元特許審査官による実用新案申請代理
https://www.jitsuan.com/
【商標ドットコム】
信頼・明確・安心の商標登録申請代理＜商標ドットコム＞
https://www.shohyou.com/
【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】
弁理士のプライベートブログ～弁理士の視点＆審査官の視点～
https://ameblo.jp/s-tam1104/
【Facebook】
Facebookページで、より密な情報交換の場をご提供します。
https://www.facebook.com/shinonomepat
【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＞

Is it disadvantageous to include prior art documents in patent application documents?

(Q) When applying for a patent or utility model, you include prior art documents.

But isn't that disclosing the conventional technology you know?

It doesn't seem like there's any benefit to the applicant.

How should I think about it?

(A) Including prior art documents is important for the applicant himself.

<Explanation>

I found that this question has the following two intentions.

(1) Researching prior art documents is a hassle.

(2) Disclosing prior art documents is disadvantageous to obtaining a patent.

For (1), please see this article.

This article answers (2).

How about thinking about it as follows?

■Is it disadvantageous to include prior art documents in patent application documents?

① Conduct a proper prior art search and find an appropriate prior patent.

You can fully describe the differences between your application and the prior patent in your patent application documents.

Doing so will increase the chances of getting a patent.

(Know your enemy...)

②On the other hand, what if you file an application without conducting a prior art search?

If, as a result of the examination, you are presented with a prior patent you have never seen before...

You may have a tough time arguing against it.

By the way, examiners

✔ Never end an examination with only prior art documents

Examiners themselves also conduct a thorough prior art search.

Examiners look for the "most similar invention" to the invention being examined.

What if the examiner's results of a prior art search are like this?

✔ The "most similar invention" = the prior art document listed in the application documents!

The examiner will have formed a "presence" of the applicant.

Of course, it can't be a bad impression.

And if the inventive step seen from the prior art document was fully explained...

③On the other hand, consider the opposite case as well.

The worst thing you can do is to think of the disclosure of a prior patent as a risk.

And suppose you disclose prior art documents that are not particularly relevant.

In this case, the examiner will not form a good impression of you.

Maybe you are not confident in your invention, so you cannot properly disclose the prior art?

You may think so.

④Also, suppose the examiner trusts the prior art documents you disclosed.

And you are granted a patent.

Unfortunately, such a patent runs the risk of being invalidated.

If you conduct a proper prior art search, it will be invalidated immediately.

■ Disclosing prior art documents is ultimately for the applicant's own benefit

I have explained this above, but what do you think?

Conduct a proper prior art search and disclose it properly!

This is ultimately for the applicant's own benefit.

Furthermore, have the examiner properly examine your application!

This will result in a strong patent.