Application for Confirmatory Evaluation on Essential Patent
for
Digital Cable Broadcasting Standards
(Note 1)
Date:______
To: JapanIntellectualPropertyArbitrationCenter
Applicant: (Note 2)
Address:
Name:
(Representative) (Seal)
Contact Person:
Name:
Dept.:
Phone No.:
Fax No.:
E-mail:
Agent for Applicant: (Note 3)
Address:
Name:
Phone No.:
Fax No.:
E-mail:
1. Identification of Patent (hereinafter called the "Present Patent") and Particulars of
the Essential Patent Evaluation obtained earlier for which the present Confirmatory
Evaluationis demanded:
(1) Patent No.:
(2) Claim(s) and Subject Portion of Standards: (Note4)
(3) Case No. for Prior Essential Patent Evaluation:
(4) Date on which Prior Essential Patent Evaluation was issued:
2. Purport of Demand:
A confirmatory evaluation is hereby demanded to confirm the fact that the Present Patent has already obtained the Essential Patent Evaluation wherein it is affirmed that the Present Patent is found, in the Essential Patent Evaluation Case identified above, "essential" in respect of the Subject Portion(s) of the Standard(s) belonging to and consisting exclusively of the ARIB Standards designated in Appendix 1-2 as the "Technical Standards for Digital Cable Broadcasting Pool" attached to the Procedural Rules for Essential Patent Evaluation.
3. Attached Materials: (See Note 2 below for "invoking")
(1) Certificate of Qualification of Representative, in case the Applicant is a juridical
person...... one copy
(2) Power of Attorney, in case agents are appointed ...... one copy
4. Supplemental Comments: (See Note 4-③, ⑤below)
+++------+++
(Note 1)
①The application form for Confirmatory Evaluation should be submitted in electronic
form by E-mail. In addition, one hard copy original duly sealed and two duplicates
thereof should also be submitted.
②"Duplicate" means a copy of an original ( in case where a seal is required to be
affixed thereon, this means a copy of the original on which the seal is affixed).
(Note2)
【Representative】
In a case in which the Applicant is a juridical person and no agent is appointed on
its behalf, it is required that the name of a Representative be indicated and the
Representative's seal be affixed on theapplication form. In a case in which an
agent is appointed, only the Agent's seal may be sufficient and no Representative's
seal is required.
【Contact Person】
In a case in which the Representative does not handle the casepersonally and
materially, the name of a contact person who actually handles the case should be
indicated together with the necessary contact information. When the application
form has been accepted by the Center, any documents to be submitted thereafter
relating tothe case may be executed by the Contact Person, and no further
execution by the Representative is required.
【Omission of the Seal and the Referential Materials for Later Cases】
In a second and subsequent cases where there is no change of the Representative,
the Representative's sealmay not be necessary to be affixed on any such application
forms.
Also, may be omitted are a Certificate of Qualification of Representative anda
Power of Attorney, and in such case, copies of those may be submitted with a
notationthat each originalof those is to be referred to those which were already
on file with respect to the earlier case(Specify with the Case No.).
(Note 3)
Use this column only where there is appointed an agent.
(Note 4)
①To recite the Subject Standards used for the Prior Essential Patent Evaluation will
be sufficient by indicatingthe Code No. assigned to the Standard/ the Title of the
Standard/ the Date ofEstablishment［Revision］/ the Edition No. Particulars of the
SubjectPortions of Standard need not to be recited.
② In a case in which the Confirmatory Evaluation is demanded in respect of multiple
items, such as, for example, a set of the same or several different Claims versus
the same or several different sets of the Subject Portions of one or several Standards,
the Purport of Demand on the application form shall be indicated one by one for
each such item severally.
③A Confirmatory Evaluation can only be applied for in respect of the patent for which
the Essential Patent Evaluation has already been rendered as having the Subject
Portions of Standards consisting exclusively of the ARIB Standards as specified in
Appendix 1-2"TechnicalStandards for Digital Cable Broadcasting Pool".
④For the Essential Patent Evaluation having multiple items of evaluation, if one of
those items satisfies the requirements under item ③above, a Confirmatory
Evaluation may be obtained in respect of such item. On the other hand, for the
Essential Patent Evaluationof which Subject Portions of Standards include the
ARIB Standards other than thosespecified in Appendix 1-2 "Technical Standards for
Digital Cable Broadcasting Pool",a Confirmatory Evaluation may not be obtained.
⑤In case if any of the Subject Portions of Standards used in the original Essential
Patent Evaluation falls within the Standards which are designated as "Other ARIB
Standards", that is, the portions of the ARIB Standards which are to be referred to
as constituent parts of the JCTEAor JLabs Standards under Appendix 1-2
"Technical
Standards for DigitalCable Broadcasting Pool", it is required that suchapplicable
portions of the JCTEA or JLabs Standardsbe expresslyidentified andrecitedin item
"No.4 Supplemental Notes"on the Form, for reference purposes,as follows:
【EXAMPLE】
As for the Subject Portion of Standards,"Chapter XXXX"under ARIB STD-B21
"Receivers for Digital Broadcasting" in the original Essential Patent Evaluation, there
is provided for in "Chapter YYYY" of the JCTEA STD-007 "Receivers for Digital Cable
Television Broadcasting" that such Subject Portion of the ARIB Standards is to be
applied to (or referred to or quoted to) as being the Digital Cable Broadcasting
Standards. Copies of the front page, the table of contents, and the corresponding
pagesof the JCTEA Standards mentioned above are herewith submitted for
immediate references.
( End of the Form )