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Utility Model Technical Opinion

Q
Utility Model Technical Opinion
What is a “utility model technical opinion”?
A

The technical opinion is a report on whether the registered utility model fulfills substantive requirements or not (Article 12). Any person may make, to the Commissioner of the JPO, a request for a technical opinion (Paragraph 1).
The report gives each claim an evaluation, cited documents and reasoning of the evaluation. The evaluation is expressed by numerals 1 – 6. The criteria of the evaluations are:
1: Claimed device lacks novelty;
2: Claimed device is an inventive step;
3: Claimed device is deemed identical to what is disclosed in another patent or utility model application filed earlier but published after the filing date of the utility model application;
4: Claimed device is deemed identical to what is claimed in another patent or utility model application filed earlier;
5: Claimed device is deemed identical to what is claimed in another patent or utility model application filed on the same day;
6: No specific prior art documents that deny the novelty etc. are found.

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