Tokyo District Court, Reiwa 5 (Wa) No. 70114 — Motorcycle brake control device (Judge Shibata)
Updated: 4 days ago
Article information
Article type: Case note
Category: Patents
Topics: Support requirement
First published on this site: 2026-10-10
Display/classification checked: 2026-10-10
Tokyo District Court, Reiwa 5 (Wa) No. 70114 — Motorcycle brake control device (Judge Shibata)
*An error in the detailed description of the invention.
The argument that it was an obvious clerical error was rejected.
→ Support requirement not satisfied.
(Excerpt from the judgment, translated)
A person skilled in the art would recognize that there is some error because the terms in Formula A have different dimensions. However, the plaintiff’s proposed correction is not the only way to resolve that dimensional inconsistency, and there is insufficient evidence that, from Formula A and other information, a skilled person would understand that changing it to Formula A′ is the only solution. Moreover, successively correcting the specification’s passages concerning Formula A to make them consistent with that correction would render previously unproblematic passages unintelligible or inconsistent. In these circumstances, the specification does not establish that Formula A can be understood as a clerical error for Formula A′. The plaintiff’s argument, premised on that understanding, therefore lacks its premise. …None of the claimed inventions can be regarded as an invention described in the specification, and all fail the support requirement.
Original article (2025-09-11):
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This history records actual publication, display, and classification changes made on this site.
2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
2026-10-10: Aligned the translation link, canonical URL and hreflang with the verified public URLs.
2026-10-10: Updated related-article links. The original article text was not changed.
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