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2022

Nakamura & Partners Newsletter (No.18) January 2022

This Newsletter summarizes legal information updated in the latest one month.

*PATENT

PATENT A case in which the Court found that an amendment is considered to have added new matters (violation of requirements for amendments) on the grounds that there is no description of the reason for the necessity of the specific combination of three types of compounds which are separately described in the specification.―Tokyo District Court Case No. 2019 (Wa) 30991 of March 3, 2021 (Presiding Judge Koichi TANAKA)

PATENT★★”ANTIPRURITIC AGENT” Case: A case in which the Court found that there is no motivation for using a compound stated in the cited document as an antipruritic agent on the grounds that description in the cited document is only a “hypothesis which lacks technical grounds”, and “there was plenty of room remaining for a study at the time of the priority date of the Present Invention”. (The patent at issue in this case is the same as that in Intellectual Property High Court Case No. 2020 (Gyo-ke) 10063, in which the court revoked the Japan Patent Office’s decision rejecting an application for the registration of extension of the duration of the patent at issue.)―Intellectual Property High Court Case No. 2020 (Gyo-ke) 10041 of March 25, 2021 (Presiding Judge Yoshiyuki MORI)―

*COPYRIGHT

Copyright Act A case in which, with respect to a slide named “ミニタコ (Minitako)” which is a type of playground equipment imitating the shape of an octopus produced by the plaintiff for parks, the Court denied copyrightability thereof as either artistic or architectural work.Tokyo District Court Decision of April 28, 2021 (Case No. 2019 [Wa] 21993―Presiding Judge Takafumi KOKUBU)

*DESIGN

Simple introduction for many cases.

Hideki Takaishi (Attorney at Law & Patent Attorney) (Publishing Manager)

Nakamura & Partners

Room No. 616, Shin-Tokyo Building, 3-3-1 Marunouchi, Chiyoda-ku,

E-mail: nakamura_and_partners---magazine@nakapat.gr.jp

*The content of this newsletter provides general information and is not legal advice.

*Nakamura & Partners was founded in 1914 and provides comprehensive IP-related services both domestically and internationally as an international IP law firm.

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