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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

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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！～
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【本音モードのブログ】
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【note】
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https://youtu.be/sJgjSOk72i4
音は出ませんのでぜひご覧ください

＜機械翻訳＞

Strengthen your patent by having the examiner thoroughly review your application [Rewritten Version]

In this article, we explained the disclosure of prior art documents.

[Q&A] The Significance of Including Prior Art Documents in Patent Application Documents

Conduct a thorough prior art search and properly disclose prior patents!

We explained that ultimately, it's in the applicant's own interest.

We also explained that if a patent is granted without a thorough prior art search during the examination process,

→ a thorough prior art search is conducted by a third party after the patent is granted,

→ there is a risk that the patent will be immediately invalidated.

In short, the above points can be summed up as follows:

"Having the examiner thoroughly review your application will result in a strong patent."

■Strong and Weak Patents

Let's explain strong and weak patents a little more.

Let's call your invention A.

Let's call the invention most similar to A1.

Let's call the invention that is similar to A, but not as similar as A1, A2.

A2 < A1 < A

Suppose A1 and A2 are discovered during the examination process.

In this case, the patentability of your invention A will be rejected.

① Suppose only A2 is discovered during the examination process.

Suppose A is amended to A + α.

Suppose this amendment makes it no longer similar to A2, resulting in a patent.

A2 < A1 < A < A + α

(In this example, if the inequality signs are separated by three spaces, it is considered dissimilar.)

However, A + α is still similar from the perspective of A1.

In this case, the A + α patent is invalid due to the presence of A1.

Suppose a third party conducts a prior art search again after the patent is granted.

There is a risk that it will be invalidated (if A1 is discovered).

In short, it is a "weak patent."

② Meanwhile, suppose A1 is discovered during the examination process.

This time, A will have to be significantly amended.

Let's say you correct it to A + β.

As a result, it is no longer similar to A1, and you are granted a patent.

A2 < A1 < A < A + α < A + β

Now, of course, A + β is not similar to A2 either.

This is how a "strong patent" is created.

During the examination process, it will find the most similar invention (A1)!

This is very beneficial for applicants.

Assist the examiner in finding such similar inventions!

This is very important.

Specifically, as mentioned at the beginning, this means properly disclosing prior patents.

To do this, it is important to conduct a thorough prior art search.

■Write application documents as clearly and simply as possible

Another point:

"Write application documents as clearly and simply as possible."

✓Avoid using unclear or difficult language to overwhelm the examiner.

✓If you are confident in your invention, express it confidently and clearly.