IP High Court Grand Panel, 2023 (Ne) 10040 — Composition for Breast Augmentation
更新日：2 日前
Article information
Article type: Case note
Categories: Patents
Topics: Claim interpretation, Working of inventions, Patent eligibility
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2023 (Ne) 10040
IP High Court Grand Panel, 2023 (Ne) 10040 — Composition for Breast Augmentation
Unlike the first-instance judgment, the court found that the appellee had prepared and administered a drug containing components ①, ②, and ③ simultaneously.
⇒ Claim limitations satisfied: the patentee won on reversal.
* The closely watched issue of whether separate administration of components ① and ②, on the one hand, and component ③, on the other, would also satisfy the claim thus disappeared….
The patented “composition for breast augmentation” is used for breast augmentation, and its purpose is considered primarily aesthetic.
⇒ In light of current social norms, it is not a “product used for the diagnosis, treatment, medical care, or prevention of human disease.”
⇒ It does not constitute an “invention of a medicine to be produced by mixing two or more medicines (products used for the diagnosis, treatment, medical care, or prevention of human disease)” under Article 69(3) of the Patent Act.
Originally published: 2025-03-21
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12890754477.html
Update history
This history records actual publication, display, and classification changes made on this website.
2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
