Re: Patent Downloading Software and a Japanese PatentInfringement Action.

From: Alan Engel (aengel@paterra.com)
Date: Mon May 13 2002 - 13:07:51 BST


No, Stephen. It is a granted regular patent (B1), complete with an
examiner (Takase) and citations. I haven't explored the legal basis for
B1 patents in Japan. However, they do not have corresponding A2
publications.

Stephen Adams wrote:

> 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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