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Center's Advisory Opinion

What is Center's Advisory Opinion?

This Center has started a service of issuing advisory opinions as a new service since March 2004. Such service includes, the scope of determination with respect to the technical scope of a patent invention and an invalidation determination to determine whether or not there are grounds for invalidation of a patent. It is called the "Center's Advisory Opinion" so as to distinguish it from the advisory opinions issued by the Japan Patent Office (Patent Law Article 71, Utility Mode Law Article 26, Design Law Article 25, and Trademark Law Article 28). More precisely, this Center determines the following matters:

1. Scope Determination

(1)Whether or not a specific product or method falls within the technical scope of the patent invention or registered utility model.
(2)Whether or not a specific design falls within the scope of the registered design and similar design thereto.
(3)Whether or not a specific mark falls within the scope of the trademark right or effect of the right based on defensive trademark registration.

2. Invalidation Determination

(4)Whether or not there are grounds for invalidation in the patent or registration with regard to a specific patent, utility mode registration, design registration, or trademark registration (including defensive trademark registration, hereinafter, the same).

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