Multicolor penlight patent; what happened to it afterwards

  • March 30, 2022

#patent

There is a TV program that introduces the work and life of the people who TV crew visited at the location and revisit them after a few years. Following that method, this time, I will inform you about what happened to the patent for “multicolor penlight” (Japanese patent publication No. 5608827, registered on September 5, 2014) introduced in my blog six years ago (December 16, 2015).

This patent was filed with trial for invalidation of a patent on March 19, 2019, five years after registration on the ground of inventive step. The patentee, TurnON co.,ltd., corrected claims 1 and 2, but the JPO stated that “this invention could easily be come up with by those skilled in the art based on the technical matters and well-known techniques described in Exhibit A1 and Exhibit A2” and on July 28, 2020, an invalidation decision was made. In response, the patentee filed a lawsuit to revoke the trial decision in the Intellectual Property High Court.

On October 6, 2021, the Intellectual Property High Court ruled that the trial decision made by the JPO had an error in finding the subject of the invention of Exhibit No. 1 and decided to revoke the trial decision. As this decision was finalized, the JPO ruled on January 13, 2022 that the Patent was not invalid.
After all the twists and turns, the patent has survived. The “multicolor penlight”, which is the target product of this patent, is also posted on the TurnON website. (Conan)
Link
https://turnon.co.jp/patent/ (Japanese Only)