Tokyo District Court, 1995 (Wa) 23005 [Topical Antifungal Agent]
Updated: 6 hours ago
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: 2025-06-04 (Japan time). Full English translation.
Tokyo District Court, 1995 (Wa) 23005 [Topical Antifungal Agent]
*The patentee's arguments during prosecution of the foreign application forming the basis of the priority claim were also considered in construing the claim language.
= Osaka District Court, 1972 (Wa) 1526 [Chakku]
(Excerpts from the court's reasoning)
…Considering together the wording of the claims, the descriptions and examples in the detailed description, the plaintiff's arguments during prosecution of the patent application, the contents of its submissions to the European Patent Office, and other matters, the invention can be described as follows. It concerns a topical antifungal agent using miconazole or the like, known as antifungal agents. In light of the problem that directly adding miconazole or the like to a topical base using an ordinary formulation method causes crystals to precipitate and prevents the desired topical agent from being obtained, it employs the novel technical concept of using crotamiton or the like—known as an active ingredient of topical agents but not as a solvent for miconazole or the like—as such a solvent, and formulating that solution with a topical base to obtain a superior topical agent without crystal precipitation.
Accordingly, …“solution” in the claims should appropriately be construed as a solution having compound (I) as the solute and crotamiton or the like as the solvent.
Translator’s notes (editorial)
The source case label Chakku is romanized because the isolated Japanese label does not resolve whether it denotes a zipper or a chuck.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
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.
Comments