Prior art searches and infringement prevention searches are “the devil’s proof”

  • February 26, 2025
#patent

 When you have made a new invention and want to apply for a patent, in order to reduce the risk of being notified of reasons for rejection of novelty and inventive step in the examination, it is recommended that you conduct a search before filing an application to see if there are any similar inventions that have been published in the past. However, excluding special technical fields, even if you limit yourself to Japan, there are a huge number of documents that have been published in the past. It is very difficult to find prior art documents that could be used as reasons for rejection. If you are looking for similar documents, it is enough to find one, but if you are looking for documents that do not exist, there is no end to it. It is the so-called “the devil’s proof”.

devil

 It is impossible to conduct a prior art search 100% without omissions and to obtain 100% certainty that a patent can be obtained. However, it is also the same for the examiner who examines patent applications: it is a “devil’s proof”. Therefore, it is considered that the basic approach is to first investigate the range that the examiner is likely to find. If you can quickly find prior art documents that could be cited as reasons for rejection by searching J-PlatPat, you should probably change your application strategy. If you can’t find any prior art documents even if you search within a certain range of search conditions, you might as well try filing an application and taking the challenge of obtaining a patent.

Disappointed to see the computer

 Infringement prevention searches to determine whether the products that your company plans to manufacture and sell may infringe on the patent rights of other companies are also a “devil’s proof”. If the country in which you plan to manufacture and sell is Japan only, the scope of the infringement prevention search will be limited to existing valid patent gazettes and patent publication gazettes that are currently under examination and may become patents in the future. However, you need to be careful not to overlook documents that include some of the features of the products you plan to implement in the technical scope.
 If you have any requests for patent searches, please contact us. (Conan)

Nagoya souvenirs

  • February 21, 2025
#trademark

The other day, a theater company I know was going to put on a performance in my hometown, and as the performance date drew near and all the members gathered in my hometown, I wanted to give them a gift, and after some thought, I decided on Nagoya souvenirs in the form of sweets.
As many of the members live in the Kansai region, I thought that they would be happy to receive Nagoya souvenirs that they could also enjoy looking at, so I went to a shop in Nagoya Station, where there were so many different kinds of souvenir sweets on display that it was hard to choose just one.
I chose these three types because I thought they were individually wrapped, so they would keep for a long time and could be stored at room temperature, and they were also easy to eat without getting your hands dirty.

Nagoya souvenirs

Nagoya-jo, Shachi Sable, and Three Great Warlords Okaki.

NAGOYA JO (logo) and SANDAIBUSYO OKAKI (standard characters) are registered trademarks.
The entire package of SHACHI SABLE is being applied for a trademark, and as of February 5th, a decision of grant registration has been issued. (Japanese Trademark Application No. 2024-067295)
Shachi Sablé was originally applied for in Class 30 (sablés), but a notice of reasons for refusal was issued, and the application was amended to “sablés manufactured or sold in Nagoya City, Aichi Prefecture”, and was approved for registration.

Incidentally, the original Shachi Monaka of the company that makes Shachi Sablé, Ganso Shachi Monaka Honten, was chosen as the “Shobu Oyatsu (game snack)”of the seven-crown winner Souta Fujii in 2022.
It’s not often that you get the chance to try local souvenirs, but I’d like to try them again under the pretext of tasting them to give as a gift or to take as a souvenir♪ (Cacao)

Using ChatGPT! – Can ChatGPT be used for patent work? –

  • February 14, 2025
#patent

ChatGPT

 Hello, this is Hiro.
In recent years, the evolution of AI technology has been remarkable, and its use in the patent industry is progressing, with the use of ChatGPT and other generative AI in patent searches and as a tool to assist in the preparation of specifications.
The other day, I attended a seminar (hands-on workshop) on how to use ChatGPT in responding to reasons for refusal. In the exercises at that seminar, ChatGPT presented proposed amendments and arguments that at first glance seemed appropriate. However, it is ultimately the job of patent attorneys and other specialists to check and judge whether the suggestions are really appropriate and whether there are any legal issues, and if there are any errors, they need to be corrected, so at the moment I got the impression that it is not easy (rather difficult) to use ChatGPT to improve the efficiency of work related to responding to reasons for refusal. On the other hand, ChatGPT is good at summarizing and explaining long documents in a short time. This ability is far superior to that of humans, and I thought it could be used conveniently when there is a need to understand the contents of a large number of patent documents in a short time.

a simple illustration inspired by the content of the Patent No.6691280

 After the seminar, I loaded various patent documents (PDF patent gazettes) into ChatGPT and asked it to explain their contents.
The following is an example of a conversation (input prompt and ChatGPT response example) in which ChatGPT (4o) explains the contents of a patent document (Patent No. 6691280: patent holder “Commissioner of the Japan Patent Office”) for an invention (“management system and management method”) by a patent office employee in a way that even an elementary school student can understand.

——————————————-
■Input prompt:
JPB006691280.pdf (←attached)
Please explain the contents of the attached patent document in a way that even elementary school students can understand.

■ChatGPT response:
This patent document (JP 6691280 B1) is about a system that efficiently manages patent information from around the world and makes it easier to search. If I explain it in a way that even elementary school students can understand, it would be as follows

1. What problem does it solve?
Many inventions are registered as patents around the world. However, since the way patents are written and the format of the data differs from country to country, it is very difficult to manage them all together.
For example, if you went to a library and the Japanese books and English books were all placed separately, it would be difficult to find the books you were looking for, wouldn’t it? If all the books were organized according to the same rules, it would be much easier to find the books you were looking for.
This invention is a system that organizes patent information so that it can be easily searched.

2. How does it solve the problem?
This system does the following things.
1. Gathers patent information from around the world
→ Automatically collects patent data from each country.
2. Organizes the data
→ Assigns a number to each patent, and converts information written in different ways into a common format.
3. Translates the data
→ Automatically translates foreign language patents so that they can be viewed in the same language.
4. Classifies the data using AI
→ Classify the patents by type of invention, e.g. “this patent is related to automobiles” or “this patent is related to computers”.
5. Save to the database
→ Register the organized patent information in a database so that it can be searched.

3. What happens when you use it?
With this system, searching for and managing patents becomes much easier.
• People at the patent office can quickly look up past inventions
• When a company makes a new invention, they can quickly check whether there are any similar patents
• Researchers can easily look up the latest inventions
In other words, it’s like creating a “magical library where you can quickly search through lots of inventions”.

Thanks to this invention, inventions from all over the world will be organized and made more convenient to use!
——————————————-

How was it? After a few seconds to load the attached file (PDF of the patent gazette), the above text appeared to flow smoothly. It is explained concisely and clearly, using bullet points and boldface decorations.
 What if you asked it to explain it in an even easier-to-understand way?

——————————————-
■Input prompt:
Next, please explain it in an even easier-to-understand way that even young children can understand.

■ChatGPT’s response:
A library of amazing inventions! 📚✨
If there were all sorts of toys jumbled up in a toy box, wouldn’t it be hard to find the toy you wanted to play with? 😵💦
If you could sort the toys into categories and make it so you could easily see where everything was, it would be even more fun to play with them!
This invention is a system that makes it easy to find new ideas by organizing them neatly in a notebook called a “patent”!

How do you organize them?🤔
1️⃣ Collect a lot!
 We’ll collect lots of patent notebooks from all over the world! 📖🌍
2️⃣ Arrange them in the same shape!
The way the notebooks are written is all over the place, so we’ll arrange them all in the same way! 📚✨
3️⃣ Translate them!
We’ll make it so that you can read the foreign language notebooks in Japanese! 🌎➡️🗾
4️⃣ Grouping!
Like “Car ideas🚗” and “Robot ideas🤖”, we’ll sort them by the same type!📂
5️⃣ Search!
If you say “Show me this idea!”, you’ll be able to find it right away!🔍

What happens if we have this?😃
✨ It makes it easier for people who work on researching patents!
✨ It makes it easier for people at your company to quickly check whether an idea is new or not!
✨ It makes it easier for people doing research to find things like “I didn’t know this kind of invention existed!”
In other words, it’s a system that helps you organize your invention notebook so that you can find what you’re looking for quickly, just like cleaning out a toy box so that you can find the toy you want to play with straight away! 🎊✨
That’s amazing! 😊💡
——————————————-

 It’s certainly easy to understand, even for young children. The examples are aimed at children, and even pictograms that match the context are used. At the end, there is even a comment on ChatGPT (“That’s amazing! 😊💡”). There are no typos or omissions, and the text is easy to understand from a child’s perspective, and to me, it looks like a text written by a human.

The generative AI is still continuing to evolve. We plan to continue to consider ways to use it in our work.

 The two illustrations in this article were generated by ChatGPT (4o), and are “a simple illustration inspired by ChatGPT” and “a simple illustration inspired by the content of the Patent Gazette (Patent No. 6691280)”.

Nama Senbei

  • February 5, 2025
#trademark

The other day, I had the opportunity to visit Handa City in Aichi Prefecture, and on the way there I saw a sign for “Nama Senbei”. My imagination ran wild: “Nama” means “raw”, so I wondered if it was a rice cracker that had not yet been baked, or if it was a soft, raw-looking rice cracker with a soft filling. When I discovered and bought some at a souvenir shop, I found that they looked unexpectedly square and were like thin yokan (sweet bean jelly) in black and white.

Nama Senbei

When I tried it, it was chewy and filling, and the white one had a subtle sweetness from the sugar and honey, while the black one had a savory flavor from the brown sugar and honey, and it was a nostalgic-tasting snack that even children would enjoy. I thought it was similar to the “uirou” that you often see in Nagoya.

After doing some research, I found out that it is a specialty confectionary from the Chita Peninsula in Aichi Prefecture, and that it is a semi-dry confectionary with a chewy texture similar to rice cakes, and a rich flavor with a subtle sweetness from the brown sugar and honey that spreads in the mouth.
According to the story behind the origin of “Nama Senbei”, the seller says, “When Tokugawa Ieyasu helped Imagawa Yoshimoto in the Battle of Okehazama, he arrived in Handa City on his way to the Chita Peninsula and asked for some fresh senbei that were hanging to dry in a peasant’s house. He then happily gobbled them up.

The mark on the top of the packaging for the rice crackers was applied for trademark registration on October 12th, 1957, and the rights to it are still in effect (Japanese Trademark Registration No. 523200).

Nama Senbei

It’s a good product with a long history, so why not try it when you visit Handa City? (Chamomile)
Nama Senbei webisite (only in Japanese)