About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgments IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Japan

JP006-j

Back

2016 (Ju) 1242, Minshu Vol. 71, No. 3

Summary of the judgment (decision)


1. Even in a situation where the scope of patent claims written by a patent applicant did not mention the structure of certain products or processes manufactured or used by another person, which differ in part from the structure stated in the scope of claims, while the applicant was able to easily conceive the structure for the other person’s products or processes at the time of filing the application, the mere fact of such omission in the scope of claims cannot imply that the other person’s products or processes were intentionally excluded from the scope of the patent claims in the course of filing the application for the patented invention or that there are other particular circumstances justifying denial of equivalence in structure between another person’s products or processes and the product or process stated in the scope of the patent claims.

2. In a situation where the scope of patent claims written by a patent applicant did not mention the structure for certain products or processes manufactured or used by another person, which differ in part from the structure stated in the scope of claims, while the applicant was able to easily conceive the structure for the other person’s products or processes at the time of filing the application, if it is objectively and visibly clear that the scope of the patent claims did not mention the structure of the other person’s products or processes even though the applicant recognized that said structure could substitute for the structure stated in the scope of the patent claims, the court will ascertain that the competing products or processes were intentionally excluded from the scope of the patent claims in the course of filing the application for the patented invention or that there are other particular circumstances for justifying denial of the equivalence in structure between the other person’s products or processes and the product or process stated in the scope of the patent claims.