Case No. 2025 (Gyo-ke) 10054
更新日：4 時間前
Article information
Categories: Patents
Topics: Inventive step / Numerical limitations and parameters
Published on this website: 2026-09-29
Case No. 2025 (Gyo-ke) 10054
[Use of DPPIV inhibitors] (Presiding Judge Hasegawa)
Exhibit Ko 1 stated that "in the case of the oral route, the range is preferably 1–100 mg, administered 1–4 times per day."
Further, in light of common general knowledge:
"A person skilled in the art who encounters the Exhibit Ko 1 publication is found to use the lower limits of the above numerical ranges (1 mg, administered once daily) as a reference for the initial dose and determine the final dose through the above procedure. The dose of '5 mg' 'administered once daily' specified by Invention 1 at issue is naturally included among the several doses that a person skilled in the art could ultimately select as a result of following that procedure."
(The quotations above are translations.)
⇒ Inventive step denied
*Even if the dose were gradually increased, there was no reason to stop at "5 mg," but it was held readily conceivable so long as it was included among the several doses that a person skilled in the art could ultimately select.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7509881955006619648/
