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＞

Can anyone make a product described in a patent gazette? [Rewritten]

(Q) I've come up with a new product and want to manufacture and sell it.

Since I'm not allowed to touch other people's patents, I looked into related patents.

I found a similar patent in the form of a "publicly disclosed patent gazette."

Does this mean it's patented?

If it's not patented, does that mean anyone can make it?

(A) There are two types of patent gazettes.

① Publicly Disclosed Patent Gazette: A gazette automatically issued a certain period after a patent application is filed.

② Patent Gazette: A gazette issued after the patent has been granted after examination.

① A publicly disclosed patent gazette does not mean that the product has been patented.

You need to confirm whether the content of the gazette has ultimately been patented.

In other words, ② you need to check whether a patent gazette has been published.

If it is not ultimately patented,

✓ In relation to this published patent notice, anyone can make it.

✓ Other patents may exist → conduct a thorough patent search.

■ <Additional Note> Patent Infringement Does Not Explain Ignorance

As long as you manufacture and sell products, you must not infringe on the patent rights of others.

This applies whether you are an individual or a corporation, and even if you only produce a small number of products.

If you infringe on someone else's patent rights,

✓ You may be ordered to cease manufacturing and sales or destroy the product.

✓ You may also be sued for damages.

Note that in the case of patents, ignorance is not an excuse.

For more information on this point, please also refer to the following article:

How to Avoid Infringing on Other Companies' Patents ~ Ignorance Is Not an Excuse (Will It Be Presumed to Be Negligence?)

■ From the perspective of "anyone can make it," I would like to add two points.

(1) Anyone can make the following:

✓ Products that have not ultimately been patented

✓ Products that have expired, even if they were patented.

Publicly known technology is freely available for anyone to practice.

(2) In addition to the above,

✓ "Inventions that can be easily invented" from publicly known technology

These are also free technologies that anyone can practice.

This is because it is undesirable to grant a patent to an invention that can be easily invented.

To put it another way, this means:

Suppose a patent were granted for an invention that can be easily invented.

This patent would be invalid.

Even if a patent exists, there are cases where anyone can make it.

However, determining what constitutes "easily invented" is one of the most difficult decisions.

Patent office examiners also struggle with this determination every day.

Avoid making hasty decisions without consulting a patent expert.