2021 (Gyo-Ke) 10129 [… Composition for Cleaving Target DNA] <Kanno> — Not “Obviousness upon Obviousness”
Updated: 6h
Article information
Article type: Case note
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-08-25 (Japan time). Full English translation.
2021 (Gyo-Ke) 10129 [… Composition for Cleaving Target DNA] <Kanno>
Adding a nuclear localization signal to the Cas9 polypeptide (Difference 2) follows naturally and simultaneously from attempting to apply the cited invention's CRISPR/Cas system to eukaryotic cells (Difference 1).
⇒ Not “obviousness upon obviousness”!! (Not two stages)
(Excerpt from the court's reasoning)
…Because a nuclear localization signal is a conventional means of transferring proteins into the nuclei of eukaryotic cells, when seeking to apply the cited invention's CRISPR/Cas9 system to eukaryotic cells—namely to transfer the Cas9 polypeptide into their nuclei—it is entirely natural to adopt a means for transferring it into the nucleus. Adding a nuclear localization signal to the Cas9 polypeptide follows naturally and simultaneously from attempting to apply the cited invention's CRISPR/Cas system to eukaryotic cells. Thus, adding the nuclear localization signal is not a further modification made on the premise of a CRISPR/Cas9 system already applied to eukaryotic cells, and does not constitute so-called “obviousness upon obviousness.”
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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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