特許性判断におけるクレーム解釈に関する 調査研究報告書

平成24年度 特許庁産業財産権制度問題調査研究報告書
特許性判断におけるクレーム解釈に関する 調査研究報告書


クレーム解釈に関する重要な論点がいい感じにまとまっています。


Ⅰ. 序 ·································································· 1
1. 検討の背景 ························································ 1
2. 本調査研究の実施方法 ·············································· 2
(1) 国内外公開情報調査 ·············································· 2
(2) 国内ヒアリング調査 ·············································· 2
(3) 海外質問票調査 ·················································· 2
(4) 海外ヒアリング調査 ·············································· 2
(5) 調査結果の分析・取りまとめ ······································ 3
3. 本報告書の構成 ···················································· 3

Ⅱ. 明細書中における用語の定義の参酌 ···································· 4
1. 日本の運用について ················································ 4
(1) 概要 ···························································· 4
(2) 審査基準 ························································ 4
(3) 審判決例 ························································ 6
(4) 質問票・ヒアリング調査 ·········································· 6
2. 米国の運用について ················································ 7
(1) 概要 ···························································· 7
(2) 特許審査便覧 ···················································· 7
(3) 審判決例 ························································ 9
(4) 質問票・ヒアリング調査 ········································· 10
3. 欧州の運用について ··············································· 10
(1) 概要 ··························································· 10
(2) 審査便覧 ······················································· 10
(3) 審判決例 ······················································· 11
(4) 質問票・ヒアリング調査 ········································· 12
4. 中国の運用について ··············································· 13
(1) 概要 ··························································· 13
(2) 審査指南 ······················································· 13
(3) 審判決例 ······················································· 14
(4) 質問票・ヒアリング調査 ········································· 15
5. 韓国の運用について ··············································· 15
(1) 概要 ··························································· 15
(2) 審査指針 ······················································· 16
(3) 審判決例 ······················································· 17
(4) 質問票・ヒアリング調査 ········································· 18
6. 各国の運用の比較 ················································· 19
(1) 法令・審査基準・審判決 ········································· 19
(2) 質問票・ヒアリング調査 ········································· 20
(3) 審査実務における三極比較研究プロジェクト ······················· 20
(4) 日中韓特許庁における審査実務に関する比較研究プロジェクト ······· 21

Ⅲ. 機能・特性等により表現されたクレーム ······························· 22
1. 日本の運用について ··············································· 22
(1) 概要 ··························································· 22
(2) 審査基準 ······················································· 22
(3) 審判決例 ······················································· 24
(4) 質問票・ヒアリング調査 ········································· 26
2. 米国の運用について ··············································· 27
(1) 概要 ··························································· 27
(2) 特許法及び審査便覧 ············································· 28
(3) 審判決例 ······················································· 33
(4) 質問票・ヒアリング調査 ········································· 34
3. 欧州の運用について ··············································· 35
(1) 概要 ··························································· 35
(2) 審査便覧 ······················································· 36
(3) 審判決例 ······················································· 37
(4) 質問票・ヒアリング調査 ········································· 38
4. 中国の運用について ··············································· 39
(1) 概要 ··························································· 39
(2) 審査指南 ······················································· 39
(3) 審判決例 ······················································· 40
(4) 質問票・ヒアリング調査 ········································· 42
5. 韓国の運用について ··············································· 43
(1) 概要 ··························································· 43
(2) 審査指針 ······················································· 44
(3) 審判決例 ······················································· 44
(4) 質問票・ヒアリング調査 ········································· 49
6. 各国の運用の比較 ················································· 50
(1) 法令・審査基準・審判決 ········································· 50
(2) 質問票・ヒアリング調査 ········································· 51
(3) 審査実務における三極比較研究プロジェクト ······················· 51
(4) 日中韓特許庁における審査実務に関する比較研究プロジェクト ······· 52

Ⅳ. 用途クレーム ······················································· 53
1. 日本の運用について ··············································· 53
(1) 概要 ··························································· 53
(2) 審査基準 ······················································· 53
(3) 審判決例 ······················································· 56
(4) 質問票・ヒアリング調査 ········································· 58
2. 米国の運用について ··············································· 58
(1) 概要 ··························································· 58
(2) 特許審査便覧 ··················································· 58
(3) 審判決例 ······················································· 66
(4) 質問票・ヒアリング調査 ········································· 66
3. 欧州の運用について ··············································· 67
(1) 概要 ··························································· 67
(2) 欧州特許条約審査便覧 ··········································· 67
(3) 審判決例 ······················································· 70
(4) 質問票・ヒアリング調査 ········································· 72
4. 中国の運用について ··············································· 72
(1) 概要 ··························································· 72
(2) 審査指南 ······················································· 73
(3) 審判決例 ······················································· 77
(4) 質問票・ヒアリング調査 ········································· 77
5. 韓国の運用について ··············································· 78
(1) 概要 ··························································· 78
(2) 審査指針 ······················································· 78
(3) 審判決例 ······················································· 80
(4) 質問票・ヒアリング調査 ········································· 82
6. 各国の運用の比較 ················································· 82
(1) 法令・審査基準・審判決 ········································· 82
(2) 質問票・ヒアリング調査 ········································· 83
(3) 審査実務における三極比較研究プロジェクト ······················· 84
(4) 日中韓特許庁における審査実務に関する比較研究プロジェクト ······· 86

Ⅴ. プロダクト・バイ・プロセス・クレーム ······························· 87
1. 日本の運用について ··············································· 87
(1) 概要 ··························································· 87
(2) 審査基準 ······················································· 87
(3) 審判決例 ······················································· 89
(4) 質問票・ヒアリング調査 ········································· 91
2. 米国の運用について ··············································· 91
(1) 概要 ··························································· 91
(2) 特許審査便覧 ··················································· 91
(3) 審判決例 ······················································· 93
(4) 質問票・ヒアリング調査 ········································· 94
3. 欧州の運用について ··············································· 94
(1) 概要 ··························································· 94
(2) 審査便覧 ······················································· 94
(3) 審判決例 ······················································· 95
(4) 質問票・ヒアリング調査 ········································· 96
4. 中国の運用について ··············································· 97
(1) 概要 ··························································· 97
(2) 審査指南 ······················································· 97
(3) 審判決例 ······················································· 98
(4) 質問票・ヒアリング調査 ········································· 99
5. 韓国の運用について ··············································· 99
(1) 概要 ··························································· 99
(2) 審査指針 ······················································ 100
(3) 審判決例 ······················································ 100
(4) 質問票・ヒアリング調査 ········································ 101
6. 各国の運用の比較 ················································ 102
(1) 法令・審査基準・審判決 ········································ 102
(2) 質問票・ヒアリング調査 ········································ 103
(3) 審査実務における三極比較研究プロジェクト ······················ 103
(4) 日中韓特許庁における審査実務に関する比較研究プロジェクト ······ 103

Ⅵ. サブコンビネーション・クレーム ···································· 104
1. 日本の運用について ·············································· 104
(1) 概要 ·························································· 104
(2) 審査基準 ······················································ 104
(3) 審判決例 ······················································ 106
(4) 質問票・ヒアリング調査 ········································ 108
2. 米国の運用について ·············································· 109
(1) 概要 ·························································· 109
(2) 特許審査便覧 ·················································· 110
(3) 審判決例 ······················································ 110
(4) 質問票・ヒアリング調査 ········································ 111
3. 欧州の運用について ·············································· 112
(1) 概要 ·························································· 112
(2) 欧州特許規則及び審査便覧 ······································ 112
(3) 審判決例 ······················································ 114
(4) 質問票・ヒアリング調査 ········································ 115
4. 中国の運用について ·············································· 116
(1) 概要 ·························································· 116
(2) 審査指南 ······················································ 116
(3) 審判決例 ······················································ 117
(4) 質問票・ヒアリング調査 ········································ 117
5. 韓国の運用について ·············································· 118
(1) 概要 ·························································· 118
(2) 審査指針 ······················································ 118
(3) 審判決例 ······················································ 118
(4) 質問票・ヒアリング調査 ········································ 119
6. 各国の運用の比較 ················································ 119
(1) 法令・審査基準・審判決 ········································ 119
(2) 質問票・ヒアリング調査 ········································ 120
資料編

資料Ⅰ 各国の関係する法令・審査基準抜粋 ······························ 123
資料1 日本の審査基準 ·············································· 123
資料2 米国の特許審査便覧 ·········································· 147
資料3 欧州の審査便覧 ·············································· 193
資料4 中国の法令・審査指南 ········································ 209
資料5 韓国の審査指針書 ············································ 243

資料Ⅱ 審判決の内容 ·················································· 255

資料Ⅲ 文献情報 ······················································ 299

資料Ⅳ 質問票・ヒアリングの内容 ···································· 307
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