Tokyo District Court, Reiwa 7 (Wa) 70141, “Inactivated vaccine preparation” (Presiding Judge 中島)
更新日：3 時間前
Article information
Categories: Patents
Topics: Support requirement / Inventive step / Claim interpretation
Published on this website: 2026-09-29
Tokyo District Court, Reiwa 7 (Wa) 70141, “Inactivated vaccine preparation” (Presiding Judge 中島)
Failure to meet the support requirement (+ lack of inventive step)
“Lactococcus garvieae of a serotype that is neither KG− nor KG+” also includes type III Lactococcus garvieae, observed from 2021 onward.
The specification contains no disclosure whatsoever of a vaccine preparation against streptococcosis caused by type III bacteria, and an inactivated type III vaccine is ineffective against streptococcosis caused by type II bacteria.
The patentee argued that “neither KG− nor KG+” in the invention meant only type II. The court rejected that argument: neither type II nor type III was recognized as a classification at the priority date, so the premise that the phrase was understood to mean type II was lacking.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510498312488308738/
