Tokyo District Court, Case No. 2024 (Wa) 7064
Updated: 3 hours ago
Article information
Categories: Patents
Topics: Clarity / Claim interpretation
Published on this website: 2026-09-29
Tokyo District Court, Case No. 2024 (Wa) 7064
[Aerosol for mosquito control] (Presiding Judge Takahashi)
*Violation of the clarity requirement.
"Adherent particles" means chemical-agent particles formed by spraying aerosol concentrate into the treatment space, which adhere to floor surfaces, walls, etc., remain adhered as time passes, and exterminate or control mosquitoes resting on exposed portions.
⇒ "Remain adhered as time passes" is unclear.
1. Although the specification describes a preferred amount of adhesion, it does not describe any testing or measurement method, etc. for confirming the amount of adhesion.
2. From the examples, it is unclear whether the KT50 values at and after 10 hours result from chemical-agent particles adhering to exposed portions controlling mosquitoes resting there, or from the pest-control component contained in those particles volatilizing and controlling airborne mosquitoes.
<Practical implications>
When drafting claims that include descriptions of functions or properties, specify in the specification a concrete threshold or measurement method for possessing those functions or properties.
(Quoted wording is translated.)
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510140385080287233/
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