TITLE:
The Physical-Object Invention and the Material Invention—Efficient Use of a Categorization Based on Looks (Appearance and Property)
AUTHORS:
Kotaro Kageyama
KEYWORDS:
Categorization (Classification) of Invention/Technology, Appearance or Property of Invention, Property and Its Transformation, Theory of Dividing Invention into Elements, PBP Claims
JOURNAL NAME:
Beijing Law Review,
Vol.8 No.3,
September
20,
2017
ABSTRACT: As the way of the categorization of inventions from their appearances and properties, the physical-object invention focuses on the shape and structure of articles, and the material invention focuses on the property and its transformation of articles (the Opinion 1). The author has hitherto proposed the above categorization. In this paper, the ground of the introduction and reasonableness of introducing this categorization into the patent system will be explained in more detail. In addition, the property and its transformation in the material invention and the technical systematization of the contents of the definition of the physical-object/material inventions will be analyzed. The relation of an article and material can be represented by the words “An article comprises materials.” The flow of technical development and formation of inventions will be also explained. The issues, which should be revised, relating to the existing patent examination guidelines and the interpretation of the theory of dividing invention into elements, will be analyzed, using the categorization of physical-object/material inventions. The reason why the PBP Claim can be applied only in the case of material inventions (only in the part of them) will be also shown. On the contrary, the reason why the relation to use other persons patent invention can be applied only in the case of physical-object inventions will be also explained. In this regard, the discussion will be made combining together the author’s another opinion (the Opinion 2) placing the high value on the principle in the analysis of the formation process of inventions, especially in the case by means of experiments, also. Furthermore, the possibility of introducing the categorization of physical-object/material inventions in the way of making inventions will be discussed.