2023 (Gyo-Ke) 10056 [Hydrophilic Filtration During Manufacture of a Vaccine Adjuvant] <Hibiku Shimizu>
Updated: 6 hours ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-10-11 (Japan time). Full English translation.
2023 (Gyo-Ke) 10056 [Hydrophilic Filtration During Manufacture of a Vaccine Adjuvant] <Hibiku Shimizu>
Identification of the cited invention: inventive step not satisfied
Step (III) in the primary reference can be viewed as a step provided for convenience because there are cases in which the adjuvant is combined with an antigen solution and cases in which it is not; in the latter case, the step is not technically essential.
(Excerpt from the court's reasoning)
Step (III) asserted by the intervenor (filling large bottles with bulk adjuvant emulsion) can be viewed as a step provided for convenience because the adjuvant emulsion may or may not be combined with an antigen solution. At least in the latter case, undergoing that step cannot be said to be technically essential. Accordingly, performing the first and second filtration steps consecutively in the invention described in Exhibit Ko 11 does not in any way conflict with that invention's technical concept…. Thus, the first and second filtration steps of that invention cannot be said to be separate steps incapable of consecutive performance, and …the intervenor's argument cannot be accepted.
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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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