IP High Court, Heisei 17 (Gyo-Ke) 10420 [Information supply system using a communication line] <Shinohara>
Updated: 4 days ago
Article information
Article type: Case note
Categories: Patents
Topics: Priority
First published on this website: 2026-10-07
Display and classification checked: 2026-10-07
IP High Court, Heisei 17 (Gyo-Ke) 10420 [Information supply system using a communication line] <Shinohara>
* Even if obvious, domestic priority was denied.
(Excerpt from the judgment, translated)
... The matter need not necessarily be expressly stated in the specification. However, the purpose of the priority system is to provide the benefit of the earlier filing date for matters disclosed in the specification of the priority application. Matters equivalent to being described must therefore be distinguished from matters readily recognizable from the description. Even if the Internet was widely known and a person skilled in the art reading the priority specification recognized that the Internet could be used to implement the invention of the priority application, that alone is insufficient to deem it equivalent to having been described. To qualify as a matter equivalent to being described, it must be self-evident to the extent that a person skilled in the art would recognize it as naturally being described in the specification. It is clear that the priority specification does not meet that standard.
https://lnkd.in/g846PdGA
Original article (2025-11-12):
https://lnkd.in/gqpn5gci
Update history
Content changes and display maintenance are recorded separately.
2026-10-07: First published from the original LinkedIn post; categories, article information, and consultation navigation added.
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