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Effect of Priority Right under Article 4F of the Paris Convention in Patent Invalidation Trial
Defendant X possesses
JP5575340B2 (“the ‘340 patent”)
entitled “BRUNNIAN LINK MAKING DEVICE AND KIT”. The ‘340 patent matured from the
Japanese patent application 2013-537663, which is divided from another Japanese
application that is based on the PCT application PCT/US2011/041553 claiming the
right of priority to U.S. provisional application No. 61/410399 (“the ‘399 application”)
under Article 4F of the Paris Convention. After filing the ‘399 application and
prior to filing the PCT application claiming the priority right based on the ‘399
application, a video (“the video A1”) disclosing an invention similar to the
‘340 patent was posted on a video sharing site.