IP High Court, 2014 (Ne) 10080 [Method of Manufacturing Spinel-Type Lithium Manganate] <Shimizu>
更新日：14 時間前
Article information
Article type: Case note
Category: Patents
Topics: Added matter
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-04-17 (Japan time). Full English translation.
IP High Court, 2014 (Ne) 10080 [Method of Manufacturing Spinel-Type Lithium Manganate] <Shimizu>
*The only court decision holding a “disclaimer claim” to add new matter
“The specification contains no express description of spinel-type lithium manganate excluding forms ‘substantially containing sodium or potassium in the crystal structure,’ … and this is not a matter self-evident from the specification ….”
I have the impression that individual patent requirements tend to be assessed more strictly in infringement actions than in actions to rescind trial decisions. Perhaps this is because a value judgment comes into play about whether it is appropriate to grant an injunction on this basis ….
https://www.courts.go.jp/app/files/hanrei_jp/824/085824_hanrei.pdf
Translator’s notes (editorial)
The author calls this the “only” such decision; that historical/source claim is preserved without updating it.
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November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
