Comments from Speaker
In a patent application regarding a medical device among electronic devices, when drafting a method claim, the claim must be drafted so as not to include a step performed by a doctor or a step acting on the human body by a device. Namely, if the claims include a method for a medical device, a Notice of Reasons for Rejection may be issued on the grounds that, since the claimed invention corresponds to a method of surgery, therapy, or diagnosis of humans, it fails to satisfy the requirement of industrial applicability. Whether or not the claim satisfies this requirement may differ depending on how the claim is recited. The Japan Patent Office (JPO) Examination Handbook, available on the JPO website, provides examples of such claims. Even if the recitations of the claims are similar, there are cases where some of them correspond to a method of surgery, therapy, or diagnosis of humans, while others do not. In this seminar, I will explain these examples.
Note
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