Special Lecture and Practicum for the Patent Law I
| Numbering Code | P-PUB01 8M024 SJ90 | Year/Term | 2022 ・ Irregular, First semester | |
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| Number of Credits | 2 | Course Type | special lecture | |
| Target Year | Professional degree students | Target Student | ||
| Language | Japanese | Day/Period | ||
| Instructor name |
TAKAYAMA SHUKO (Part-time Lecturer) HIGASHIDA NOBUHIRO (Part-time Lecturer) |
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| Outline and Purpose of the Course |
I. Course overview You will learn the outline of Patent Law and the points of patent practice in the fields of chemistry and life science. Specifically, you will learn how to grasp inventions from research outcome (experimental data, etc.), draft patent application, and prosecute up to issue of patent rights. Furthermore, based on past trial decisions at JPO, court decisions, and future trends in the fields of chemistry and life science, we will show tips for obtaining excellent rights. We will use concrete examples for your in-depth understanding. II. Methods of education and learning ・Lectures use PowerPoint and web materials |
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| Course Goals |
(Course objectives) 1.Understand the outline of Patent Law. 2.Understand the points of patent practice in the fields of chemistry and life science. 3.Through understanding the above 1 and 2, obtain the skill to facilitate mutual understandings with IP experts such as patent attorneys, Examiners, and Appeal Examiners, thus make most of the research outcomes. |
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| Schedule and Contents |
Session 1, April 13, Takayama, General Patent Practice (1): Principles of the Patent System and Optimal Patent Strategy in the field of Chemistry and Life science. Session 2, April 20, Takayama, General Patent Practice (2): Definitions and categories of inventions; Industrial applicable inventions. Session 3, April 27, Higashida, Description requirements (1): Concept of Enablement requirements, Support requirements, and Clarity requirements Session 4, May 11, Higashida, Description requirements (2): Description of specification, description of examples, and points of inventions related to numerical limitations or parameter invention, etc. Session 5, May 18, Takayama, Novelty of Invention: How to judge novelty of inventions, relationships with presentation at academic conferences, and handling of exceptions of loss of novelty in Japan, US and Europe, etc. Session 6. May 25, Higashida, First-filing: Articles 39 and 29 bis of the Patent Law; the relationship between superordinate concepts and subordinate concepts, Article 39 and in-house prior applications. Session 7. June 1, Takayama, Inventive step (1) Concept of inventive step of invention, recognition of inventions and cited inventions, judging methods Session 8. June 8, Takayama, Inventive step (2) Remarkable effects or different effects of the invention, the concept of numerically limited inventions and selected inventions Session 9. June 15, Higashida, Important procedures in practice (1) Examination procedure, amendments and concepts of adding new matters, divisional / changed applications, domestic priority claim applications (addition of experimental data, etc.), utilization of accelerated examination, practice peculiar to the field of chemistry / life science and their countermeasures (inventions that change over time, other issues) Session 10. June 22, Takayama, Important procedures in practice (2) Patent term extension (use of the system for patent rights for pharmaceutical products in relation of the Pharmaceutical Affairs Law), microbial deposit system, and other topics. Session 11. June 29, Higashida, Patent right Patent right effects and limitations, invention types, and implementation, exhaustion, and license. Session 12. July 6, Higashida, Patent-related lawsuits (1) Proceedings to cancel trial decision, summary of infringement proceedings, defense procedures of seeking invalidation, correction, and damages. Session 13. July 13, Higashida, Patent-related lawsuits (2) Claim interpretation, doctrine of equivalents, indirect infringements, multiple subjects, product-by-process claims, reproduction and repairs. Session 14. July 20 Takayama, Patent-related treaties, and foreign patent application strategies Paris priority claiming and foreign applications, PCT applications, differences in inventions of treatment methods in Japan, US and Europe. Session 15. July 27, Takayama, MTA practice, and Examination (Test) |
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| Evaluation Methods and Policy | Class participation (including attendance) and Results of Examination after all Sessions. | |||
| Course Requirements |
This course is mandatory for IP, and an elective for MPH. |
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| Study outside of Class (preparation and review) | Students should read the relevant sections of the above JPO text that will be distributed, such as "Section 1: Overview of the Patent System." | |||
| Textbooks | Textbooks/References |
Handouts will be distributed as texts for each lecture. The JPO text (2021 Text for Briefings on the Intellectual Property Rights System (for beginners)) shall be used as a reference text. No particular reference books are specified. Please refer to the following materials as examples. (Reference books) a) 標準特許法 第７版（高林 龍著 有斐閣）(Hyoujun Tokkyo Hou, 7th edition) Takabayashi Ryu, Yuhikaku b) JPO Briefing Session Text JPO Website > Information > Event Information > JPO Briefings and Symposia > Briefing Session Text c) 知的財産権 法文集 （Chitekizaisanken Houbunnsyu, |
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| References, etc. | Introduced during class | |||
