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© 2005 Kotaro Kageyama

Kageyama International Law & Patent Firm
































Career of Lawyers and Patent Attorney　
Kotaro Kageyama
Lawyer and Patent Attorney
Career(Position as of 2018)
Visiting Professor of Kumamoto University (Intellectual Property Law) (2000-present),
Senior Research Fellow of New Industry Creation Hatchery Center, Tohoku University (2015-present),
Listed on the Japan Intellectual Property Arbitration Center's Arbitrator Candidates, Mediator Candidates and Center-Judge Candidates (2007-present),
Auditor of Foundation of Intellectual Asset Management Center (2005-present).

Professional
Visiting Professor of Oita University (Intellectual Property Law) (2008-2017),
Visiting Professor of J.F.Oberlin University (Legal Risk Management of University and Intellectual Property Law) (2008-2015),
Visiting Professor of Gunma University (Intellectual Property Law) (2011-2014),
President of Tsubasa System Co., Ltd. (2006-2007),
Visiting Professor of Tohoku University (Intellectual Property Law) (2003-06),
President of Tohoku-Bunka-Gakuen University (2004-05),
President of Yuai Gakuen (2004-05),
Visiting Professor of Tohoku-Bunka-Gakuen University (2004-2005),
Lecturer of Saitama University (Company Rehabilitation Law) (2004),
Lecturer of Chiba Institute of Technology (Intellectual Property Law) (1997-2003),
Institute for Industrial Resource Research (1973-74),
Asahi Glass Company (1968-1973).

Academic
MS of Industrial Chemistry, Graduate School of Technology, University of Tokyo,
BA of Industrial Chemistry, Faculty of Technology, University of Tokyo,
Graduated from Senior Highschool at Otsuka, Tokyo University of Education (present Senior Highschool at Otsuka, University of Tsukuba）.

Academic　Association
qualified as a Member of the Chemical Society of Japan.

Qualification
qualified as Lawyer (1982),  qualified as Patent Attorney (1984),
Pollution Control Manager (Type 1 Air Pollution),
Hazardous Materials Officer,
High-School Teaching Certificate (science and engineering),
Bookkeeping (1st grade),

Patents obtained
(1) Japan Patent Number: 3995052; International Application No.: PCT/JP2006/312966.
Title of the Invention:
Phosphoric acid-absorbing drug for external use having effect of inhibiting microbial growth, product containing the same and method of producing the same.

(2) Japan Patent Number 4152429
Title of the Invention:

(3) Japan Patent Number: 4575415
Title of the Invention: Cell Isolation Method.

(4) Japan Patent Number 5455556
Title of the Invention: Insecticide for Control of White Ants

Publication
(1)."Calorimetric and X-ray Studies of Glassy and Crystalline Inorganic Polymer: Arsenic Trisulfide (As２S３)" Reports on Progress in Polymer Physics in Japan Vol. XII 1969.
(2) "Legal Practice for Staffs in the Planning Department of a Company" Keiei-homu November 1985-June 1990.
(3) Japanese Intellectual Property Law for Business and Practice Nihon-jistugyo-shuppan-sha, 2002.
(4) "Reconstruction of Companies and Intellectual Property Law" Essence of Reconstruction of Companies Tadashi Shimizu Shoji-homu 2005.
(5)."Recognition of Inventor and Contribution of Patented Inventions to Corporate Earnings - Also Relating to Employee's Invention-" Chizai-kanri Vol.56. No.6. 2006: pp.831-845.
(6) "Invention by Students and Employee Invention" Patent Vol.60, September 2007: pp.45-53.
(7) "Formation on Invention/Joint-invention and Recognition of Joint-Inventor/Joint Inventor - including Review on Conventional Two-step process until Formation of Invention -" Chizai-purizumu Vol.66, No.6, 2008: pp.1-19.
(8) "Formation of Invention/Joint-invention and Recognition of Inventor/Joint Inventor and Review based on them on Related Court Decisions -" NBL No.886, 2008: pp.65-72.
(9) "Presentation of Research Theme, Formation of Invention and Recognition of Inventor" Chizai-purizumu Vol.73, No.7, 2008: pp.36-52.
(10) "Formation of Invention/Joint Invention and Criteria and Method for Recognizing Inventor/Joint Inventor" Chizai-purizumu Vol.7, No.76, 2009: pp.51-74.
(11) Legal Knowledge of Intellectual Asset-Based Management - Thinking Way and Practice of Intellectual Property Law. Sanwa-shoseki, 2009.
(12) Legal Knowledge of Corporate Rehabilitation - Thinking Way and Practice specialized in Corporate Rehabilitation Law. Sanwa-shoseki, 2010.
(13) "Formation of Invention / Joint Invention and Recognizing of Inventor / Joint Inventor" Journal of Intellectual Property Law and Practice. Vol.5, No.10, 2010: pp.699-712.
(14) The Way of Life and Viewpoint of a Lawyer with Science Background Who can Open a Road in a Chaotic Times Kodansha Shuppan Service Center, 2011.
(15) "The Way of Writing a Judgement and Directing a Hearing on the basis of the Proposed Criteria for Recognition of Inventor/Joint Inventor" Chizai-purizumu Vol.9, No.105, 2011: pp.1-18.
(16) "Review on Process of Formation of Invention by Experiments and Recognition of Inventor - including Relation between Patent Application and Public Presentation on Invention" Chizai-purizumu Vol.9, No.108, 2011: pp.1-25.
(17) "Quantitative analysis of the recognition and calculation of contribution among an inventor/joint inventors" Chizai-purizumu Vol.10, No.111, 2011: pp.1-27.
(18) "Analysis of Formation of Invention & Joint Invention, and Guidance of Recognition of Inventor & Joint Inventors and Calculation of Contribution Ratio" Chizai-purizumu Vol.10, No.113, 2012: pp.1-30.
(19) "Evaluation of contribution of the subject of a research to an invention - on the basis of analysis of the stages of the establishment of an invention" Chizai-purizumu, Vol.10, No.117, 2012: p.1-20.
(20) "The practice of recognizing an inventor/joint inventors and calculation of contribution ratios among joint inventors" Journal of Intellectual Property Law and Practice, Vol.7, No.8, 2012: pp.590-603.Link
(21) "The practice of recognizing an inventor/joint inventors and calculation of contribution ratios among joint inventors" Keizai-sangyo-chosakai, 2012.
(22) "Limitation of a claim with product by process from the point of necessity and rationality - on the basis of the classification of a physical-object / material invention, and considering the difficulty in prospecting the formation of an invention from (tentative) principle-" Chizai-purizumu, Vol.11, No.128, 2013: pp.1-31.
(23) "Acknowledgement of product identity in a claim with product by process - on the basis of the view considering the difficulty in prospecting the formation of an invention from (tentative) principle-" Chizai-purizumu, Vol.11, No.131, 2013: pp.1-25.
(24) "Analysis on the application of the Identical Product Theory & the Process Limitation Theory to the acknowledgement of subject matter of invention and the construction of technical scope under the Product-by-Process claims" Chizai-purizumu, Vol.12, No.134, 2013: pp.1-29.
(25) "Necessity, Criteria (Requirements or Limits) and Acknowledgements of Product Identity of Claims for Product Described by Its Manufacturing Process (Product-by-Process Claims)" Beijing Law Review Vol.5, No.2 June 2014. Link
(26) "From Common Sense to Legal Common Sense - for Understanding the Basis of the Japanese Law- " Chizai-purizumu, Vol.12, No.140, 2014: pp.81-90 - Vol.13, No.152, 2015: pp.65-76 (No.1-13 serial publication).
(27) "From Common Sense to Legal Common Sense - Another Guide Book from the Basis of the Japanese Law- " Keizai-sangyo-chosakai, July 2015.
(28) "Recognition of Inventor/Joint Inventors and Product-by-Process Claims" LAP LAMBERT Academic Publishing, Germany, October 2015.
(29) "Criteria of inventiveness, considering the invention process (principle)" Chizai-purizumu, Vol.14, No.162, 2016: pp.1-28.
(30) "Consideration of Classification of Inventions, Technical Scope of a Patent Invention Considering the Formation Process of an Invention (Principles) including Doctrine of Equivalent, Patent Infringement Litigation etc. - from the view of Structure and Procedure" Chizai-purizumu, Vol.14, No.167, 2016: pp.1-30.
(31) "Determining Inventive Step or Nonobviousness for a Patent Requirement in View of the Formation Process of an Invention" (Beijing Law Review Vol.7, No.3 September 2016). .Link
(32) "Study of Tecnical Scope Including Doctrine of Equivalent and Patent Infringement Litigation" (International Journal of Case Studies Vol.5, Issue 11 November 2016). Link
(33) "Physical -Object Invention and Material Invention - Usefulness of the Classification of Inventions based on Appearances (shape, characteristics)" Chizai-purizumu, Vol.15, No.171, 2016: pp.1-32.
(34) "Further Analysis on Physical -Object Invention & Material Invention and their Technology - including the connection with TRIZ in terms of the Way of Making Inventions" Chizai-purizumu, Vol.15, No.175, 2017: pp.1-30.
(35) “How to Make an Invention from Technology ? Analysis from the Point of the Use of a Principle and its Utilization” Chizai-purizumu, Vol.15, No.179, 2017: pp.1-30.
(36) "Physical-Object Invention and the Material Invention - Efficient Use of a Categorization Based on Looks (Appearance and Property)" (Beijing Law Review Vol.8, No.3 September 2017). Link
(37) "Unified Ideas on Inventiveness and Interpretation of Claims - 'Physical and Chemical Principles and their Way of Use' and 'Categolization of Inventions into Physical Object & Material'" Keizai-sangyo-chosakai, Tokyo 2017.
(38) "Analysis of TRIZ's Invention Principles" The TRIZ Journal (https://triz-journal.com/), 23 January 2018. Link
(39) "Unified Approach for Inventive Step and Claim Interpretation" LAP LAMBERT Academic Publishing, Germany, June 2018.
(40) "Analysis of the invention through an experiment for clarifying a problem of patent law-Based on abstraction of invention by 'principle and its use', and 'a shape, a structure, peroperties and their transformation of an article' " Chizai-purizumu, Vol.16, No.190, 2018: pp.1-26.
(41) "Analysis of the basis and arrangement of TRIZ's invention principles and the way of using it - based on the shape, structure and property of an article, and principles and the use of them and the the way of using them"
Chizai-purizumu, Vol.16, No.192, 2018: pp.1-20.
(42)"Analysis of the object of inventive step and supplementary explanation on the decision proceedings following the Examination Guidelines"
Chizai-purizumu, Vol.17, No.194, 2018: pp.1-31.
(43) "Way of using the criteir (principle/use and 6 factors) for abstractization in inventiveness/claim interpretation considering the whole and parts"
Chizai-purizumu, Vol.17, No.197, 2010: pp.1-30.
(44) "Invention and Comparison of Patenting and Examination Guidelines about Inventive Step in Japan, the U.S.A. and the EU - based on the Opinion Focusing on Principles and Their Use" Beijing Law Review Vol.10, No.3, June 2019.Link

Cases
I. Civil and Intellectual Property Rights (recent published cases only)
(1) Tokyo District Court's judgement on 9th September, 1993 (Hanrei-jiho, No.1485: p.116)
　 Case on the jurisdiction as to the infringement of patent rights.
(2) Matsuyama District Court's judgement on 19th November, 1996 (Hanrei-jiho, No.1608: p.139)
　 Case on the scope of the prior user's rights against patent rights.
(3) Tokyo District Court's judgement on 22nd May, 1998 (Kinyu-home-jijo, No.1540: p.67)
　　Assignment of Claim made by a bankrupted financial organization was regarded as a cause for becoming definite of principal under 398-20-1-1 of the Civil Code.
(4) Tokyo District Court's judgement on 7th October, 1998 (Hanrei-taimuzu, No.987: p.255)
　　(A) A case in which the doctrine of equivalent was denied as to the scope of a patent claim;
　　(B) A case on calculation of the profits which the person violating the patent right gained.
(5) Tokyo District Court's judgement on 15th April, 2002 (Hanrei-jiho, No.1792: p.129)
　　A Case on the copyright on the works written in the notice-board of an inter-net home-page.
(6) Tokyo District Court's judgement on 5th March, 2004 (Hanrei-jiho, No.1854, Shoji-homu, No.1704,: p.2258)
　 A case in which the use of a place name on a shop was decided not against the Prevention of Unfair Competition Act.
(7) Tokyo High Court's judgment on 13th October 2004 (Hanrei-taimuzu, No.1181 p.132)
　 A case in which a claim to rescind a fraudulent deed (the right of traverse) was approved. The Supreme Court's judgment on 18th November 2005 also approved it.
(8) Tokyo High Court's judgment on 14th March, 2007 (Hanrei-taimuzu, No.1246 p.337)
　　(A) It was judged that lease contracts could not be terminated on the ground of the application for civil rehabilitation,
　　(B) The following was regarded as common credit: the credit of compensation for damage which arose due to the non-return of the lease-objects after the lease-contracts was terminated.
(9) Osaka District Court's judgment on 17th October 2013 (Supreme Court's Homepage)
　 A case in which the claim on the basis of a trademark in terms of foreign language simply indicating the quality of goods was decided as an abuse of rights.

II. Law on Corporate Rehabilitation and Reorganization (selected from the cases in the Firm)
1985 Trustee in bankruptcy of Sengokuzukuri, Co., Ltd.
1991 Trustee in bankruptcy of Tokyo Travel Center, Co., Ltd.
1995 Agent of Preservation-Administrator of Suzuyasu Group
(Suzuyasu Sangyo Co., Ltd.; Suzuyasu Koirusuchiru, Co., Ltd.; Suzuyasu Fudosan, Co., Ltd.; and other seven companies)
1995 Agent of Reorganization-Administrator of the above group
1998 Agent of applicant for Company Reorganization of Mitsui-futo Co., Ltd.
2000 Representative of applicant for Special Liquidation and Fixed Agent of Liquidator of Abe International Ventures Corporation Co., Ltd. and Art Plaza Sen Co., Ltd.
2000 Representative of applicant for Civil Rehabilitation of Mr. Kentaro Abe
2000 Representative of applicant for Civil Rehabilitation of Mita Co., Ltd.
2001 Supervisor of Civil Rehabilitation of Sanbasuto Co., Ltd.
2002 Representative of applicant for Civil Rehabilitation of Kita-no-kazoku Co., Ltd. and Hasegawa International Co., Ltd.
2002 Supervisor of Civil Rehabilitation of Kugaya Co., Ltd.
2003 Representative of applicant for Civil Rehabilitation of Oishi-shoji Co., Ltd.
2003 Supervisor of Civil Rehabilitation of Saiken Co., Ltd.
2004 Representative of applicant for Civil Rehabilitation of Keisan-Kogyo Co. Ltd.
2004 Supervisor of Civil Rehabilitation of Nichihana Co., Ltd.
2004 President of Tohoku-Bunka-Gakuen University, President of Yuai Gakuen
2005 Trustee in bankruptcy of Tekkotsu CadCam, Co., Ltd.
2005 Preservation-Administrator of Xecoo, Co., Ltd.
2006 Supervisor of Civil Rehabilitation of Victory Co., Ltd.
2006 President of Tsubasa System Co., Ltd.(until June 2007)
2007 Supervisor of Civil Rehabilitation of Kyowa Contact Co., Ltd.
2007 Representative of applicant for Civil Rehabilitation of Sakai-shokai Co., Ltd.
2007 Supervisor of Civil Rehabilitation of Explorer Corporation.
2008 Representative of applicant for Civil Rehabilitation of Hirabayasi kanamono-ten Co., Ltd.
2008 Representative of applicant for Civil Rehabilitation of Smart Vision Co., Ltd.
2008 Representative of applicant for Civil Rehabilitation of Seravi Holding Co., Ltd.
2008 Representative of applicant for Civil Rehabilitation of Sebon Co., Ltd.
2009 Supervisor of Civil Rehabilitation of U League Co., Ltd.
2010 Representative of applicant for Civil Rehabilitation of Eru-kei Co., Ltd., P-success Co., Ltd.and Ji-eru Co., Ltd.
2010 Trustee in bankruptcy of Inter-Communications Co., Ltd.
2011 Representative of applicant for Civil Rehabilitation of Shinohara Co., Ltd.
2011 Representative of applicant for Civil Rehabilitation of -Shirotori Co., Ltd.

III. Law relating to Science Technology (published cases only)
(1) Tokyo High Court's judgement on 5th October, 1982 (Kousai-hanrei-sokuho-shu)
　 Case on reliability in urine analysis for antihypnotic drug
(2) Tokyo High Court's judgement on 27th December, 1984 (Kousai-hanrei-sokuho-shu)
　 Case on reliability of the expert opinion on a traffic accident, in which the principle of reliability was denied.