【PATENT ★】IP High Court Case No. 2016 (Gyo-Ke) 10278; January 15, 2018 (Presiding Judge Takabe)

 

“Novel crystalline form of Pitavastatin calcium” Case:

 

A case in which, by understanding the problem to be solved by the invention abstractly and conceptually, the support requirement for specifications was found to be satisfied.

In order for a grandchild application to be deemed as having been filed at the time of filling of a parent application, not only the grandchild application but also a child application must respectively fulfill the requirements for division in relation to the parent application.

 

< Support Requirement >

 

< Division Requirements >

The substantive requirements for a lawful divided application are as follows: (i) more than two inventions were included in the description, statement of the scope of claims, or drawings of the original application; (ii) the invention pertaining to the new application is a part of the inventions stated in the description, statement of the scope of claims, or drawings, of the original application; and (iii) the invention pertaining to the new application falls within the scope of the matters initially stated in the description, etc. of the original patent application. In order for the application in question to be deemed as having been filed at the time of the filing of the first application, the application in question, the third application, and the second application must respectively fulfill the abovementioned requirements for division (i) to (iii) in relation to the original application. ⋯

 

<日本語>

 

 

 

 

 

 

※本稿の内容は,一般的な情報を提供するものであり,法律上の助言を含みません。
執筆:弁護士・弁理士 高石秀樹(第二東京弁護士会)
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