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.courts.go.jp/ip/eng/assets/ip/eng/chizai_en/chizai_en-pdf-2981.pdf
