Patent Case Law and Intellectual Property Practice Blog

* Inventive step denied for a numerically limited invention. (The numerical range in the primary reference was encompassed by the claimed numerical range.)

1. Definitions of use in Japan and Germany Japan's Patent Act uses the same term, use, for both product inventions (Article 2(3)(i)) and method inventions (item (ii)). German patent law, by contrast, strictly distinguishes its terminology according to the subject matter.

Clarity assessments cannot be said to have become stricter than before!! 1. Expressions of degree such as “substantially” and “approximately” Example held unclear

*Revocation of a trial decision granting a patent was sought. ⇒ Action dismissed as inadmissible. In the appeal against refusal of the patent application, the plaintiff sought a trial decision reversing the dismissal of an amendment, reversing the original refusal based on that amendment (Amendment 1), and allowing the patent.

Practical patent-examination tasks were tested using cloud models (GPT, etc.) and on-premises models (Llama, etc.). Introducing generative AI presents distinctive challenges absent from conventional AI. Addressing hallucinations: Limiting tasks to reducing information (summarization) or transforming it (translation), rather than increasing it (creative answers), effectively minimizes risk.

1. Claims ① Independent claims Japan: No limit.

1. IP strategies in the food industry differ greatly according to the industry's role (upstream, midstream or downstream). 2. Issues distinctive to food The food industry faces difficulties arising from history and sensory perception that differ from other technological fields.

From the description in Reference 2, the baffle cell itself obstructs and redirects fluid flow, corresponding to the baffle of the amended invention at issue. The baffle cell also includes a solid portion (solid domain) and blocks the flow path, so it can be called a solid wall.

Since the specification consistently states “angular velocity,” correction (reinterpretation) as a clerical error to “angular acceleration” is not permitted. ⇒ The claimed invention (including a physically contradictory formula) cannot be said to be described in the detailed description of the invention, and violates the support requirement.

1. Legal position of judicial research officials Under Courts Act Article 57 and Code of Civil Procedure Article 92-8, they may ask parties questions on factual and legal matters and directly question them during examination of evidence. Most have experience as JPO trial examiners, but patent-attorney positions comprise one at the IP High Court (mechanical field) and one at the Tokyo District Court (chemical field). The term is three years.