Provisional Translation
| OTO No. | 272 | Classification | MITI-78 |
|---|---|---|---|
| Date of Acceptance | May 27, 1987 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of International Trade and Industry | Related Laws | Patent Law Design Law |
| Complainant | German firm | Exporting Countries | Germany |
| Subject | In connection with an automotive mesh wheel developed in Federal Republic of Germany, 1. Prompt patent approval. 2. Prompt design registration. |
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| Details of Measures | 1. Japan Patent Agency explained to the complainant in June, 1987 that patent application is not examined if the request for application examination is not filed (Article 48-2 Patent Law), so he should file it as soon as possible if he desires to obtain the patent in Japan, and that a considerably long time is usually taken for the result of a patent application but in a case like this in which other makers are selling imitations of the complainant's products, the examination may be expedited. (Request for examination and request for priority processing were received on February 9, 1988. As a result of the examination, application was refused on December 6, 1988. Subsequent to that, petition was received asking for review and overturning of this refusal and for measures to be taken to rectify this refusal. A second examination was conducted, as a result of which it was decided on October 17, 1989 that the application could be disclosed. Disclosure was begun on January 12, 1990, and a total of seven objections were received during the three-month disclosure period, but the registration examination was conducted on April 30, 1991.) 2. As for the application for the design registration, the trial against the examiner's final decision of refusal was demanded by the claimant. It was further replied to the claimant that trail decision of grant was made on January 13, 1988. |
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| Classification of Processing | 1. D 2. A |
Directions | 1. II-a 2. II-a |
| Remarks | |||