Patent Case Law and Intellectual Property Practice Blog

Read the Japanese version / 日本語版を読む [Article / Patents] Examining the patentability of impurity claims (松岡徹, Patent, July 2024) Under what conditions does a claim that numerically limits only the impurity content of a known substance satisfy “inventive step” and the “support requirement”? 1. Inventive step: The “limits” of conventional methods are key Reducing impurities itself is often considered an “obvious problem.” Inventive step therefore depends on whether the value is

Read the Japanese version / 日本語版を読む [Article / Patents] Adding asserted patent claims during litigation—subject matter of the action and untimely means of attack or defense (森本晃生, Patent, November 2024) The IP High Court reversed the Osaka District Court’s treatment of adding a patent claim as an “amendment of the action” (Code of Civil Procedure, Article 143), holding that it was “submission of a means of attack or defense” (Article 157). The reason lies in the Patent Act’s

Read the Japanese version / 日本語版を読む [Article / Patents] Cross-border patent infringement in the IoT era (前田健, Patent, 2025 Supplement No. 31) While retaining traditional territoriality (the principle that a patent’s effect is confined to the territory of that country), the article proposes “flexible application” to ensure the effectiveness of patent rights. In determining whether an act of working was performed in Japan, it emphasizes not only the actor’s location but also th

Read the Japanese version / 日本語版を読む [Article / Patents] Working an invention in the metaverse / Can “working” in virtual space be regarded as “working” in the real world? (松下正, Patent, 2025 Supplement No. 31) 1. Metaverse space and the current IP system JPO guidance: Protection may extend to “programs that function similarly in both real and virtual environments (games, etc.),” but in principle does not extend to merely imitating, in virtual space, an article characterized by

Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2024 (Wa) 70129 [Box-shaped vessel] (Presiding Judge Sugiura) *The defendant denies involvement with the products at issue. ⇒ No "obligation to clarify the specific manner." ⇒ Claim requirements not satisfied due to insufficient proof. The existence and locations of the "pH sensor" and "stock-solution supply device" in the products at issue are unknown. Regarding Article 104-2 of the Patent Act (obligation to

Read the Japanese version / 日本語版を読む [Article / Patents] Terms to avoid in specifications from a translator’s perspective—particularly “jisha,” “jisōchi” and “jisharyō” (倉増一, Patent, March 2025) 1. The problem with “jisha” (one’s own company) and “tasha” (other companies) Problem: They are often rendered in English as grammatically incorrect expressions such as “its own company” or “an own company” (“own” needs a possessive pronoun). Suggested improvement: Use “a company” at t

Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2024 (Wa) 70460 [Widening structure for a shield tunnel] (Presiding Judge Nakajima) *Claim requirements not satisfied (the doctrine of equivalents also not established). In interpreting the claim wording "filling a temporary filling case with filling material," the court held that "temporary filling case" means a container to be "filled" with "filling material," while "filling material" means raw material for

Read the Japanese version / 日本語版を読む Case No. 2025 (Gyo-ke) 10056 [Women's clothing] (Presiding Judge Moritomi) *Inventive step recognized. The configuration of the invention in Exhibit Ko 1 (an old sports bra), in which breast-support flaps overfit breast-engaging pockets, is intended to solve the problem of that invention (preventing pain from breast movement during exercise such as jogging), which differs from the problem of the invention at issue (accommodating various bus

Read the Japanese version / 日本語版を読む Osaka District Court, Case No. 2024 (Wa) 7055 [Taxi dispatch management system] (Presiding Judge Matsuami) *Claim requirements not satisfied (the doctrine of equivalents also not established). "Taxi (information)" in claim element C means individual vehicles (information about them). ⇒ A "dispatch confirmation request specifying the taxi desired by the user" in the invention means a request to dispatch the particular taxi selected by the us

Read the Japanese version / 日本語版を読む Tokyo District Court, Case No. 2024 (Wa) 7064 [Aerosol for mosquito control] (Presiding Judge Takahashi) *Violation of the clarity requirement. "Adherent particles" means chemical-agent particles formed by spraying aerosol concentrate into the treatment space, which adhere to floor surfaces, walls, etc., remain adhered as time passes, and exterminate or control mosquitoes resting on exposed portions. ⇒ "Remain adhered as time passes" is unc