IP High Court, Reiwa 6 (Gyo-Ke) 10081 [Pet matching system] <Judge Nakahira>
Updated: 4 days ago
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Motivation and teaching away
First published on this website: October 6, 2026
Case information: Reiwa 6 (Gyo-Ke) 10081 [Pet matching system] <Judge Nakahira>
Display/classification checked: October 6, 2026
IP High Court, Reiwa 6 (Gyo-Ke) 10081 [Pet matching system] <Judge Nakahira>
* Inventive step denied for a claim containing a disclaimer.
A limitation “excluding animal hospitals and places where a veterinarian is present” was added to distinguish the prior art (a system for handing over animals at an animal hospital), but it was held to be obvious.
(Excerpt from the judgment, translated)
The plaintiff argues that ... the handover location being “at least one of a veterinarian or an animal hospital” is fundamental to the technical idea of the cited invention and an essential requirement for solving its problem. On that basis, the plaintiff contends that changing the handover location from “at least one of a veterinarian or an animal hospital” to a place other than an animal hospital or a place where a veterinarian is present would change an essential requirement fundamental to the cited invention's technical idea and necessary to solve its problem. Because this would run counter to that technical idea, the plaintiff argues that there is no motivation to make the change and, rather, a teaching away exists.
However, that argument presupposes that the location for handing over animals in the cited invention is limited to an animal hospital or a place where a veterinarian is present. Since that premise cannot be accepted ..., the plaintiff's argument lacks its premise and cannot be adopted.
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October 6, 2026: First published on this website from the LinkedIn original; article information, classification, topics, source, and consultation guide were added.
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