IP High Court, Reiwa 7 (Ne) 10076 [Temporary protective fence that can be raised, lowered and stored] <Presiding Judge Nakahira>
更新日：4 日前
Article information
Article type: Case note
Categories: Patents
Issues: Doctrine of equivalents・Claim interpretation
First published on this website: October 5, 2026
Case information: Reiwa 7 (Ne) 10076 [Temporary protective fence that can be raised, lowered and stored] <Presiding Judge Nakahira>
Display and classification checked: October 5, 2026
IP High Court, Reiwa 7 (Ne) 10076 [Temporary protective fence that can be raised, lowered and stored] <Presiding Judge Nakahira>
The defendant's product, a “square tubular pipe” (a square pipe-shaped post), does not literally satisfy the “rotatable plate-shaped member” of the patented invention.
The problem addressed by the invention is “reducing the width of the members that rise and fall in a temporary protective fence, and making them lighter and more compact.”
⇒ The specification describes the effect that “because the rotatable plate-shaped member has its thickness in the short-side direction (because it is thin), it can be accommodated within the width of the web portion of the base frame (H-section steel).”
⇒ The configuration of making the post thin by making it “plate-shaped,” so that it fits into the recess (web portion) of the H-section steel, is a distinctive technical idea not found in the prior art (= an essential part).
⇒ Infringement under the doctrine of equivalents not established (first requirement not satisfied).
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Dated entries are added when the text is corrected or supplemented, or when classification, related links, or presentation is updated.
October 5, 2026: First published from the LinkedIn original, with article information, classification, source, language link, and consultation guide.
