Date of Judgment: March 8, 1991
Issuing Authority: Supreme Court
Level of the Issuing
Authority: Final Instance
Type of Procedure: Judicial (Administrative)
Subject Matter: Patent(Invention)
Summary of the
judgment (decision):
The
determination of the summary of the invention in relation to a patent
application shall be made on the basis of the entry of the scope of the patent
claim, unless there are special circumstances which allow the consideration of
a detailed description of the invention, such as in cases where the
technological meaning of the entry in the scope of the patent claim cannot be
understood clearly and unequivocally, or where, in the light of the entry of the
detailed description of the invention, there is an obvious error in the entry
of the scope of the patent claim.
(Translated
by Sir Ernest Satow Chair of Japanese Law, University of London)