令和6年度 ITパスポート試験問35

This question's explanation and your answers so far.

問35

頻出度★★★

実用新案に関する記述として, 最も適切なものはどれか。

出典　令和6年度 ITパスポート試験問35

解説

問 35

Incorrectア
A manufacturing method is a “method,” not a device relating to the shape, structure, or combination of an article, so it is outside the scope of a utility model. A new manufacturing method is protected by a patent (an invention of a method).
Incorrectイ
“A highly advanced creation of technical ideas that utilizes laws of nature” is the definition of an invention under the Patent Act, not a device under the Utility Model Act. A utility model device is not required to be highly advanced.
Incorrectウ
Utility models adopt a non-examination registration system; they are registered without undergoing substantive examination such as a novelty examination (only formal and basic requirements are checked). Passing a novelty examination is not a requirement for registration.
エ
正解 A device (the technical idea protected by the Utility Model Act) is a technical idea relating to the shape, structure, or combination of an article. Choice エ, “a new product devised by combining multiple articles,” is precisely a device relating to the “combination” of articles, so it is eligible for a utility model. Therefore, エ is the most appropriate.

ここがポイント

The subject protected by a utility model is a device relating to the shape, structure, or combination of an article; a manufacturing method (a method) or being highly advanced is not a requirement.
Utility models follow a non-examination registration principle (registered without substantive examination), differing in this respect from patents, which undergo substantive examination.

用語

解答問35エ