January 21, 2022

2019(Wa)1409 (July 22, 2020) ”VIRUS” Patent Infringement Case

“Working of the patented invention for experimental or research purposes” (Article 69-1 of the Patent Act)

(Conclusion)
“Working of the patented invention for experimental or research purposes” (Article 69-1 of the Patent Act) is admitted–Patentee lost

A case in which the Tokyo District Court found to the effect that experiments or research conducted to obtain marketing approval for a new (original) medicinal product also correspond to the “working of the patented invention for experimental or research purposes” set forth in Article 69, Paragraph 1 of the Patent Act. The right of a prior user was acknowledged.

https://www.nakapat.gr.jp/en/legal_updates_eng/%e3%80%90patent-%e2%98%85%e3%80%91virus-patent-infringement-case-a-case-in-which-the-tokyo-district-court-found-to-the-effect-that-experiments-or-research-conducted-to-obtain-marketing-approval-f/

<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-2992.pdf