Patent claims and invalidity
by Takashi Miyazawa, Hiroshi Osada
International Journal of Private Law (IJPL), Vol. 4, No. 3, 2011

Abstract: A patent's competitiveness is crucial in the enforcement of patent right to protect business and ensure profit. In the patent enforcement, disputes concerning invalidity have now become an inescapable issue. This study quantitatively analyses patents involved with post-grant oppositions filed in the Japan Patent Office. The total number of dependent claims is found to have significant positive correlation with the number of references listed in Japanese granted patent publications in the case of winning patents, but not in losing patents. The result indicates that it is crucial to utilise dependent claims according to the number of prior inventions and potential prior inventions in order to reduce the risk of the revocation and invalidation of a patent.

Online publication date: Sat, 28-Mar-2015

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