IP High Court, Heisei 17 (Gyo-Ke) No. 10645 — Method for inspecting sealed packages (Judge Tsukahara)
Updated: 3 days ago
Article information
Article type: Case note
Category: Patents
Topics: Clarity、Enablement、Examination and appeal practice
First published on this site: 2026-10-10
Display/classification checked: 2026-10-10
IP High Court, Heisei 17 (Gyo-Ke) No. 10645 — Method for inspecting sealed packages (Judge Tsukahara)
*The mechanism described in the claims and specification contradicts the laws of physics.
→ Clarity and enablement requirements not satisfied.
(Excerpt from the judgment, translated)
The JPO decision’s findings on violations of Patent Act Article 36(4) and (6)…
Paragraph [0008] states: “When electrode 4 from the voltage output terminal of high-voltage power supply 6 is brought into contact with or close to side portion 31 of sealed package 3, electrically conductive contents 1 inside the package become charged by the negative or positive potential of the high voltage (0.6–30 kV) applied to electrode 4, generating negative (−) or positive (+) ions.” Figure 1 depicts only negative ions throughout the contents. However, it is unclear how these “negative or positive ions” are generated, and a person skilled in the art cannot readily carry this out. If there is no closed circuit and no displacement current, or if charge does not move through side portion 31 of sealed package 3, the source of the charge required to generate negative or positive ions is unclear. If such ions are said to arise without charge being supplied from outside the contents, this contradicts the law of conservation of charge.
…
The court’s findings
…
As in the claimed invention, “bringing…a single electrode 4 into contact with or close to side portion 31 of sealed package 3…to charge contents 1 inside the package through electrically insulating film 2” contradicts conservation of charge and cannot be achieved by anyone. Such an invention must therefore be regarded as unclear. Moreover, the detailed description in the application is not sufficiently clear and complete to enable a person skilled in the art to carry out the invention….
Original article (2025-09-13):
Identical repost (2025-09-14):
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2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
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2026-10-10: Updated related-article links. The original article text was not changed.
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