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2012 (Ju) 1204, Minshu Vol. 69, No. 4

Date of Judgment: June 5, 2015

 

Issuing Authority: Supreme Court

 

Level of the Issuing Authority: Final Instance

 

Type of Procedure: Judicial (Civin( �/span>

 

Subject Matter: Patent (Inventions)

 

Summary of the judgment (decision):

 

1. Even in the case of what is generally referred to as a "product-by-process claim," that is, when a claim of a patent for an invention of a product recites the manufacturing process of the product, the technical scope of the patented invention should be determined as referring to products that have the same structure, characteristics, etc. as those of the product manufactured by the manufacturing process recited in the claim.

2. In the case of what is generally referred to as a "product-by-process claim," that is, when a claim of a patent for an invention of a product recites the manufacturing process of the product, the recitation of the claim should be held to meet the requirement that the claimed invention is clear as prescribed in Article 36, paragraph (6), item (ii) of the Patent Act, only if there are circumstances where it was impossible or utterly impractical to directly define the product subject to the invention by means of its structure or characteristics at the time of the filing of the application.

(There are a concurring opinion and an opinion concerning 1 and 2.)