Columns & IP Info

Introduction to the judgment: “Earthbelt” case (precedent regarding the necessity of re-warning after amendment of utility model registration application)

[Matters held] After the application is published, the applicant for utility model registration gives a warning to a third party by presenting a document describing the content of the invention related to the application for utility model registration, and then makes amendments to the scope of the claims. If the amendment restricts the scope of the claims, and the article worked by a third party falls within the technical scope of the invention both before and after the amendment, the applicant shall