Re: Patent Downloading Software and a Japanese PatentInfringement Action.

From: Stephen Adams (stevea@magister.co.uk)
Date: Mon May 13 2002 - 09:24:02 BST


Dear all
I have not seen the previous correspondence on this topic, due to having
to re-register with the list, so my apologies if this comment has
already been made.
One observation which I would offer is that JP 3017735 is not a patent -
the number range indicates that it is a granted unexamined utility
model. Under normal circumstances, no search will have been conducted
on the application prior to grant, according to the revised utility
model law. The message does not give the status of EP 1049027, but
certainly in the case of any litigation being conducted in Japan, the
question of prior art will be being considered effectively for the first
time.

--
Stephen Adams
Magister Ltd.
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Tel: +44 (0)118 929 9515
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e-mail:  stevea@magister.co.uk

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