Shizuoka District Court, 1990 (Wa) 360 and 1992 (Wa) 524 [Alfacalcidol]
更新日：2 日前
Article information
Article type: Case note
Category: Patents
Topics: —
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-06-04 (Japan time). Full English translation.
Shizuoka District Court, 1990 (Wa) 360 and 1992 (Wa) 524 [Alfacalcidol]
*The patentee's arguments during prosecution of the foreign application forming the basis of the priority claim were not considered in construing the claim language.
Cf. Tokyo District Court, 1995 (Wa) 23005 [Topical Antifungal Agent]; Osaka District Court, 1972 (Wa) 1526 [Chakku]
(Excerpt from the court's reasoning)
The defendants argue that because the German patent corresponding to the patented invention was granted with emphasis on the fact that the substance obtained by the method was pure, it is impermissible to explain a different melting point of the target substance of this patent, based on the same invention, by lower purity. However, in light of the principle of independence of patents in each country, that argument is plainly without merit.
Translator’s notes (editorial)
The cross-referenced source case label Chakku is romanized without choosing an unsupported English technical sense.
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