★★★＜第１３回知的財産翻訳検定試験【第６回英文和訳】＞ ★★★
≪１級課題 -知財法務実務-≫【解答にあたっての注意事項】
１．課題は２題あります。それぞれの課題の指示に従い、２題とも解答してください。
[問１] 下記の英文は、欧州特許庁審判部の、発明の進歩性に関する考え方をまとめたものです。この英文を読み、その要旨を２００字以内の日本語にまとめてください。日本語
要旨の字数には、句読点も含めるものとします（ただし、文頭の字下げ、及び文中に意図せず混入したと思われる空白は字数に含めません）。なお、２００時の字数制限は厳密に適用することとし、字数超過は減点の対象とします。
To assess inventive step, the boards normally apply the "problem and solutionapproach". This consists essentially of:(a) identifying the "closest prior art",(b) assessing the technical results (or effects) achieved by the claimed
invention when compared with the "closest state of the art" established,(c) defining the technical problem to be solved as the object of the invention
to achieve these results, and(d) examining whether or not a skilled person, having regard to the closest
state of the art, would have suggested the claimed technical features in orderto obtain the results achieved by the claimed invention (see also Guidelines,
C-IV, 11.5 - April 2010 version).
（中略）
According to board of appeal case law (see T 1/80, OJ 1981, 206; T 20/81, OJ
1982, 217; T 24/81, OJ 1983, 133; T 248/85, OJ 1986, 261), the assessment of
inventive step has to be based on the objective, not subjective, achievement ofthe inventor. By starting out from the objectively prevailing state of the art,
the technical problem is to be determined on the basis of objective criteria andconsideration given to whether or not the disclosed solution is obvious to theskilled person. Although the problem and solution approach is not mandatory, itscorrect application facilitates the objective assessment of inventive step. The
correct use of the problem and solution approach rules out an ex post facto
analysis which inadmissibly makes use of knowledge of the invention (T 564/89,T 645/92, T 795/93, T 730/96 and T 631/00). In principle, therefore, the problem
and solution approach is to be used; however, if exceptionally some other method
is adopted, the reasons for departing from this generally approved approachshould be stated.
[問２] 下記の英文は、米国特許出願の形態について解説したものです。この英文全文を正確で読みやすい日本語に和訳してください。
Differences Between Provisional and Nonprovisional ApplicationsProvisional applications and their prosecution differ from nonprovisional
applications and their prosecution in a number of respects:
1.
The period of pendency of a provisional application (12 months maximum)
is not counted in determining the term of the patent.
2.
It is not necessary to file claims in a provisional application.
3.
Provisional applications are not examined on the merits during theirpendency. Only formal matters as to the completeness of the provisional
application will be addressed.
4.
Nonprovisional applications may be converted into provisional applications
by filing a petition and the appropriate fee.
5.
Nonprovisional applications may claim the benefit of one or more
provisional applications.
6.
Provisional applications may not claim the priority of other patentapplications, either domestic or foreign.
7.
Provisional applications can be filed in a language other than English, buttranslations to English will be required by the PTO during their pendency. Infact, it is to the advantage of the applicant that the translation is filed prior
to examination of the later filed nonprovisional application, because it will
avoid potential rejections on prior art dated subsequent to the provisional date,thus avoiding delays in prosecution and ensuring minimal impact on the patent term.
8.
No amendment, other than one making a provisional application comply withall applicable regulations, will be permitted.
9.
Filing of prior art statements is prohibited in provisional applications.
10.
Provisional applications automatically go abandoned on the expiration of 12months from their filing date.
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Thus, if one is considering filing a provisional application to avoid aloss of absolute novelty, consideration should be given to the invention intended
to be ultimately claimed, and the disclosure necessary to support such claims in
the country of interest to the applicant should be included in the provisional
application.

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