2023 (Ne) 10071 [Chip Fuse] <Miyasaka> — No equivalence
Updated: 2 days ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Motivation and teaching away, Doctrine of equivalents
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-07-05 (Japan time). Full English translation.
2023 (Ne) 10071 [Chip Fuse] <Miyasaka>
⇒ Doctrine of equivalents: not established(Same result as the first-instance Osaka District Court judgment, 2021 (Wa) 10032)
“There is ample motivation to apply to the invention in Exhibit Otsu 1 the configuration of the invention in Exhibit Otsu 3 in which ‘the fuse element portion and external electrodes are formed of an integral metal.’”
⇒ The fourth requirement was applied using the same logic as inventive step.
*The first-instance Osaka District Court judgment, 2021 (Wa) 10032 <Takemiya>, is important in holding that equivalence can be established even when some claim elements are absent.
⇒ The conclusion was no equivalence (second requirement not satisfied). The case became a battle of experiments, and identical functions and effects were not found.
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November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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