2013 Fiscal Year Final Research Report
Investigation of the cause for the invalid patents in patent infringement litigation
| Project/Area Number |
22530101
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
New fields of law
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| Research Institution | Yamagata University |
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Principal Investigator |
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| Co-Investigator(Renkei-kenkyūsha) |
YOKOSHIMA Yoshiko 元特許庁審査官、弁理士, 福島大学, 研究協力課知財担当
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| Project Period (FY) |
2010-10-20 – 2013-03-31
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| Keywords | ダブルトラック問題 / １０４条の３の抗弁 / 無効の抗弁 / キルビー事件 / 特許侵害訴訟 |
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| Research Abstract |
In patent infringement litigation, almost half of the patents have been judged as invalid by patent invalidity defense. It is a huge issue in the patent system that, despite the examination by the Patent Office, large part of patents are judged as invalid in the Court.
We reviewed all verdicts which ruled on the patent invalidity defense, and researched the measure reasons for the invalidity. It became clear that the absence of inventive step is the most frequently cited reason for the invalidity, and in many cases new technical literatures cited by the defendant are the key factor for the judgment of the absence of inventive step. In addition, the Court seems to use a different logic in the judgment of the absence of inventive step from the Patent office.
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