2016(Wa)25436 (September 29, 2020) “Process for constructing amino acid-producing bacterium and process for producing amino acid by the fermentation method using the constructed amino acid-producing bacterium” Case

DOE (Doctrine of Equivalence)

(Conclusion)
DOE (Doctrine of Equivalence) is admitted

*Equivalent infringement was found on the requirements due to a method removed in an amendment.

*An equal infringement was established on the method removed by an amendment corresponding to a notice of reasons for refusal of lack of inventive step.
(Along with global trends in flexible practice of the “Flexible bar”)

<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>

https://www.ip.courts.go.jp/app/files/hanrei_en/981/002981.pdf