IP High Court Case No. 2020 (Gyo-ke 10005) on November 10, 2020 (Presiding Judge TAKABE)


[Patent★★] “Interleaving Paper for Glass Plates” Case: A case in which the court deemed that the invention of the prior application falls under an “invention” which is appropriate material as a cited invention (Article 29-2 of the Patent Act). If an invention lacks concreteness, or technical content of an invention is insufficiently disclosed even taking into consideration the common general technical knowledge of a person ordinarily skilled in the art, it does not fall under the “invention” and does not have an effect of excluding the later application provided for in this Article




執筆:弁護士・弁理士 高石秀樹(第二東京弁護士会)