IP Updates

2019/11/26

[Suit against Appeal Decision on Refusal of Design Patent Application]

A case in which, with regard to the design according to a body of an electric toothbrush, the constitution of the entirety and the constitution of the shaft portion create a common aesthetic impression as a whole, in which an impression received from the different point that two buttons for controlling operation are disposed vertically on a front surface of the body grasping portion in the design of the present application, whereas in the cited design, one is disposed, does not exceed the impression received from the common point, and it is judged that the design of the present application is similar to the cited design.

Drawing of design at issue Drawing of cited design
Source IPHC
2019/09/26

[Title of the patent] “Carbon dioxide-containing viscous composition”

[Key issue] Criteria for deciding the amount of damage compensation (Article 102, paragraphs (2) and (3) of the Patent Act)

A recent IPHC Ground Panel judgment delivered on June 7, 2019.

Source IPHC
2019/09/26

[Title of the patent] “ANTIGEN-BINDING MOLECULE CAPABLE OF BINDING TO TWO OR MORE ANTIGEN MOLECULES REPEATEDLY”

[Key issue] Enablement requirement (Article 36, paragraph (4), item (i) of the Patent Act)

Court stated in the decision that “it cannot be said that the Detailed Description of the Invention provides a description to the extent that allows a person ordinarily skilled in the art to implement the whole range of pharmaceutical composition encompassed by the invention.”

Source IPHC
2019/09/26

[Title of the patent] “ANTIGEN BINDING PROTEINS TO PROPROTEIN CONVERTASE SUBTILISIN KEXIN TYPE 9 (PCSK9)”

[Key issue] Inventive step, support requirement and enablement requirement (Article 29, paragraph (2); Article 36, paragraph (4), item (i); and Article 36, paragraph (6), item (i) of the Patent Act)

Regarding the support requirement issue, Court stated in the decision “A person ordinarily skilled in the art who read the description could recognize that various neutralizing antibodies competing with the reference antibody included in the scope of the claims of the Corrected Invention 1 (Claim 1) other than neutralizing antibodies competing with the reference antibody in the description might be obtained by repetitively implementing the production and selection of immunized mouse in accordance with a procedure and a schedule of immunization program in the description, the hybridoma generation in which a selected immunized mouse is used, and a screening and an epitope binning assay for identifying an antibody that strongly blocks a binding interaction between PCSK9 and LDLR in the description from the start.  Therefore, it is recognized that Corrected Invention 1 (Claim 1) conforms to the support requirement.” and maintained the patent.

Source IPHC
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