IP High Court, Reiwa 6 (Gyo-Ke) 10132 [Soil consolidation material] <Presiding Judge Hibiku Shimizu>
更新日：4 日前
Article information
Article type: Case note
Category: Patents
Topics: Inventive step, Patent corrections
First published on this website: October 2, 2026
Case number (as stated in the source): Reiwa 6 (Gyo-Ke) 10132
Display and classification checked: October 2, 2026 (not a re-review of the legal analysis)
IP High Court, Reiwa 6 (Gyo-Ke) 10132 [Soil consolidation material] <Presiding Judge Hibiku Shimizu>
⇒ Inventive step affirmed; the patent cancellation decision was revoked.
The JPO held that combining the cited invention with techniques such as the “Magma Action method” made the claimed structure, especially the injection conditions, readily conceivable.
The court recognized inventive step for the following reasons.
① Different consolidation principles
The invention uses a suspension-type grout, which solidifies through the hydraulic properties of slag. The techniques in Ko 5 and similar references use solution-type grout, which solidifies through the soil's pH—reaction with its alkaline components. Their consolidation principles differ.
② Injection conditions are not applicable because of that difference
The Magma Action method in Ko 5 concerns injection conditions for acidic solution-type grout reacting with alkaline components in soil, such as injecting for longer than the gelation time in soil. These conditions cannot simply be applied to the claimed suspension-type grout with its different consolidation principle.
③ No suggestion
Ko 5 and the other references do not suggest applying the Magma Action method to suspension-type grout. Ko 9 mentions suspension-type grout, but its solidification mechanism and connection with the Magma Action method are unclear.
Original article: https://lnkd.in/eyz4EdpC
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Update and correction history
Substantive corrections and supplements are recorded separately from classification, related-article, and display maintenance.
October 2, 2026: First publication of the author's LinkedIn text. Article type, classification, issue tags, source, and consultation guide were added.
Consultation and inquiries
October 2, 2026: Updated topic tags.
