Heisei 25 (Gyo-Ke) 10209 [Agent for Suppressing Vascular Intimal Thickening] <Shimizu>
Updated: 1 hour ago
Article information
Type: Case note
Classification: Patents
Topics: Inventive step, Motivation and teaching away
First published on this site: 2023-12-31
Case number: Heisei 25 (Gyo-Ke) 10209
Display and classification checked: 2026-11-14
Heisei 25 (Gyo-Ke) 10209 [Agent for Suppressing Vascular Intimal Thickening] <Shimizu>
* The claim is not framed as an agent for suppressing vascular intimal thickening!!
(Incorporating effects into the claim)
⇒ It is a use invention in the sense of ingestion into the human body, but might its technical scope not be limited to pharmaceuticals?
‘In particular, the ACE-inhibitory activity of IPP and VPP is considerably lower than that of the above ACE inhibitors ... ; therefore, selecting ... them for testing is not readily conceivable ... .’
(Extract from the court's reasoning)
[Claim 1] An agent comprising ... Ile Pro Pro and/or Val Pro Pro as an active ingredient and having at least one of the actions of improving vascular endothelial function and suppressing vascular intimal thickening
At the priority date, although there were examples in which ACE inhibitors exhibited an action improving vascular endothelial contraction and dilation or suppressing vascular intimal thickening, it could not be said that ACE inhibitors generally possessed at least one of those actions. Persons skilled in the art are found generally to have understood that whether individual ACE inhibitors actually had those actions could only be known by confirming them through separate experiments. ... IPP and VPP differ greatly in properties and structure from the above ACE inhibitors, and, in particular, their ACE-inhibitory activity can be said to be considerably lower. Selecting IPP and/or VPP for testing is therefore not readily conceivable ... .
Originally published: 2023-12-31
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Update history
The first publication date and update dates are recorded separately. Display maintenance does not mean that the legal analysis was re-verified.
2026-11-14: Display and classification maintenance (article information, issue tags, language/SEO links, related articles, and consultation path added).
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