(Conclusion)
Invalidated by Prior Art Effect (Article 29-2 of the Patent Act)
The “invention” of the prior application (Patent Act 29-2) was admitted as an “invention” of Prior Art Effect .
“An invention which is ‘abstract’ or which insufficiently discloses technical content even after taking into consideration the common general knowledge of a person skilled in the art, does not fall under the category of ‘invention’ referred to herein, and does not have the effect of excluding a later application provided for in the same Article.”
“In addition, any person who has ordinary knowledge and experience in the technical field who has created the technical content which has not been constructed to such an extent that the technical content can be repeatedly carried out-the technical content to achieve the intended technical effect-is incomplete as an ‘invention’ and does not fall under the category of an ‘invention’ as set forth in Article 29-2 of the Patent Act.”
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/871/002871.pdf