2023 (Wa) 70178 [Zinc Acetate Hydrate Tablets and Method of Manufacturing Them] <Nakashima>
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: 2025-06-05 (Japan time). Full English translation.
2023 (Wa) 70178 [Zinc Acetate Hydrate Tablets and Method of Manufacturing Them] <Nakashima>
Even if the presumption under Patent Act Article 104 applied, it has been rebutted.
⇒ The court also stated the following as an alternative observation.
(Excerpts from the court's reasoning)
Even assuming that the defendant's pharmaceutical product were presumed under Patent Act Article 104 to have been produced by the manufacturing method of the invention, the explanation in 2 above shows that the presumption is rebutted …. …
It is appropriate to find that, before the priority date, the “product” produced by the invention was known to an extent that provided a person skilled in the art with a clue to how to manufacture it. Accordingly, the defendant's pharmaceutical product cannot be presumed under Patent Act Article 104 to have been produced by the manufacturing method of the invention.
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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.
