Tokyo District Court, Case No. 2024 (Wa) 70064

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Article information

Article type: Case note

Display and classification checked: 2026-09-30

Categories: Patents

Topics: Clarity / Claim interpretation

Published on this website: 2026-09-29

Tokyo District Court, Case No. 2024 (Wa) 70064

[Aerosol for mosquito control] (Presiding Judge Takahashi)

*Violation of the clarity requirement.

"Adherent particles" means chemical-agent particles formed by spraying aerosol concentrate into the treatment space, which adhere to floor surfaces, walls, etc., remain adhered as time passes, and exterminate or control mosquitoes resting on exposed portions.

⇒ "Remain adhered as time passes" is unclear.

1. Although the specification describes a preferred amount of adhesion, it does not describe any testing or measurement method, etc. for confirming the amount of adhesion.

2. From the examples, it is unclear whether the KT50 values at and after 10 hours result from chemical-agent particles adhering to exposed portions controlling mosquitoes resting there, or from the pest-control component contained in those particles volatilizing and controlling airborne mosquitoes.

<Practical implications>

When drafting claims that include descriptions of functions or properties, specify in the specification a concrete threshold or measurement method for possessing those functions or properties.

(Quoted wording is translated.)

https://lnkd.in/gZFEcvRT

https://lnkd.in/gz7kJDv6

hanrei-pdf-95290.pdf — courts.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510140385080287233/

Related articles and decisions

Further reading — [Article / Patents] Terms to avoid in specifications from a translator’s perspective—particularly “jisha,” “jisōchi” and “jisharyō” (Hajime Kuramasu, Patent, March 2025)

Shared topic: Clarity — [IP Practice Online] Introduction of important patent judgments newly included in "Patent Case Law Encyclopedia, 4th edition" (Chizai Juku)

Shared topic: Claim interpretation — Osaka District Court, Case No. 2024 (Wa) 7055

Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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October 28, 2026 — HT: Corrected verified names, case references, court labels, wording or judgment links where applicable. Existing commentary and materials have been retained.