IP High Court, Reiwa 6 (Ne) 10080 [Ventilation structure beneath a coping] <Presiding Judge Nakahira>
Updated: 3 days ago
Article information
Article type: Case note
Categories: Patents
Issues: Claim interpretation
First published on this website: October 5, 2026
Case information: Reiwa 6 (Ne) 10080 [Ventilation structure beneath a coping] <Presiding Judge Nakahira>
Display and classification checked: October 5, 2026
IP High Court, Reiwa 6 (Ne) 10080 [Ventilation structure beneath a coping] <Presiding Judge Nakahira>
= First instance: Osaka District Court, Reiwa 5 (Wa) 8403
In light of the wording “a ventilation member that exhibits ventilation performance and waterproofing performance” and the description in the specification (the problem, means for solving it, and effects), it is natural to interpret the claim as requiring the ventilation member “itself” to have ventilation performance and waterproofing performance.
⇒ The plate-shaped portion of the appellee's product cannot be found to satisfy the requirements by itself.
The appellant also argued that the determination should be based on whether the member “contributes” to waterproofing and ventilation, but the court found no reasonable basis for using this approach.
In addition, inclined portion ⑤ of the appellee's product narrows the ventilation passage and reduces ventilation performance compared with the case where that portion is absent. It therefore cannot be said to contribute to ventilation performance and does not satisfy claim element C.
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