“Rice Milk Case-Challenges in Support Requirements”

Author: Hideki TAKAISHI  (Mr.), attorney at law & patent attorney
Publication: Intellectual Property Management Vol.69, No. 6, pp. 818-833
Publisher: Japan Intellectual Property Association
Publication date: June 2019
Overview: This ruling, after identifying issues of patent invention at a high level and judging them as violations of support requirements, took a general view that “whether or not to state the requirement is a matter of coverage of patent claims and detailed descriptions of inventions, and that judgment should be made primarily on the basis of these statements.” The objection decision was judged to be a mistake in identifying the issues, and the invention canceled a resolution stating that it satisfied support requirements.In this paper, we examine the tendency of the court to judge support requirements before and after this decision, including the grand panel decision on pyrimidine one month before this decision. We also consider the relationship between the “challenges” of support requirements and the “challenges” of innovativeness. Finally, we consider the argument strategies (and application strategies) of the defendants and rights holders.