Patent Case Law and Intellectual Property Practice Blog

日本語版 Article information Article type: Case note Category: Patents Topics: Inventive step, Motivation and teaching away, Examination and appeal practice First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 IP High Court, Reiwa 6 (Gyo-Ke) No. 10049 — Information processing apparatus (Judge Miyasaka) *The trial decision did not state the reasons for its obviousness determination. → Inventive step affirmed. (Excerpts from the judgment, translated;

日本語版 Article information Article type: Case note Category: Patents Topics: Issues discussed in the text First published on this site: 2026-10-10 Display and classification checked: 2026-10-10 IP High Court, Reiwa 6 (Gyo-Ke) No. 10050 — Information processing apparatus (Judge Miyasaka) *The computations performed by each processing unit contribute to solving the invention’s problem. → Qualifies as an “invention.” (Excerpt from the judgment, translated) “The patented invention

日本語版 Article information Article type: Case note Category: Patents Topics: Inventive step, Patent corrections, Added matter First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 IP High Court, Heisei 25 (Gyo-Ke) No. 10266 — Transparent film (Judge Ishii) *A claim with a disclaimer does not introduce new technical matter if it does not affect the problem addressed by the invention. → Correction requirements satisfied, but inventive step denied aft

日本語版 Article information Article type: Case note Category: Patents Topics: Issues discussed in the text First published on this site: 2026-10-10 Display and classification checked: 2026-10-10 IP High Court, Reiwa 3 (Gyo-Ke) No. 10116 — Game program (Judge Honda) *The court recognized identity of technical fields at a broader conceptual level. (Excerpt from the judgment, translated) The plaintiff argues that a person skilled in the gaming field would not apply the matters desc

日本語版 Article information Article type: Case note Category: Trademarks Topics: Issues discussed in the text First published on this site: 2026-10-10 Display and classification checked: 2026-10-10 [Trademarks] Tokyo High Court, Showa 54 (Ne) No. 1097 Even where an applicant has received a registration decision and paid the registration fee, and only entry in the register remains, using the indication “registered trademark” during that interval constitutes an act satisfying the

日本語版 Article information Article type: Case note Category: Designs Topics: Indirect infringement、Partial designs First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 [Designs] A case recognizing indirect infringement of a partial design Tokyo District Court, Reiwa 3 (Wa) No. 30281 — Hand-pushing member for a transport cart (Judge Kokubu) 1. Comparison of the articles “The articles relating to the registered designs and the article relating to th

日本語版 Article information Article type: Case note Category: Copyright Topics: Injunctions First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 [Copyright] Osaka High Court, Heisei 19 (Ne) No. 713 — Peter Rabbit Manufacturer X planned to sell towels using parts of illustrations from picture books whose copyright term had expired. Against Y, the company managing copyright in the picture books, X alleged that Y had its licensees use indications sugg

日本語版 Article information Article type: Case note Category: Patents Topics: Damages First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 Supreme Court, Heisei 4 (O) No. 1491 — Earth belt Where a party acquired well-known status for its product indication through a series of acts contrary to accepted principles of morality, including placing “PAT,” which could be confused with a patent marking, on products and displaying the same letters in advert

日本語版 Article information Article type: Case note Category: Trademarks Topics: Misleading quality indication First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 [Trademarks / False marking] Osaka High Court, Heisei 3 (Ne) No. 1003 — Choco Krispies The appellant argued that Kellogg’s continued use of “クリスピー(R)” on packaging after registration of the Japanese-character mark “クリスピー” had expired falsely suggested registration, contrary to Article 74

日本語版 Article information Article type: Case note Category: Trademarks Topics: Distinctiveness First published on this site: 2026-10-10 Display/classification checked: 2026-10-10 [Trademarks] Osaka District Court, Reiwa 4 (Wa) No. 9818 — “熱中対策応急キット” (Heatstroke countermeasure emergency kit) (Judge Takemiya) *At the date of the registration decision, “熱中対策” was understood to mean “heatstroke countermeasures.” → No distinctiveness (contrary to Article 3(1)(iii) of the Trademark