Date of
Judgment: January 28, 1969
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Administrative)
Subject
Matter: Patent (Inventions)
Summary
of the judgment (decision):
1. The energy generating
device using a nuclear fission phenomenon of natural uranium by bombardment of
neutrons does not fall under an industrial invention referred to in Article 1
of the Old Patent Act (Act No. 96 of 1921) unless it is technically completed such
that a danger unavoidably involved in the aforementioned
nuclear fission is prevented and the device is operated steadily and
safely.
2. In the description, an
invention which is not described with technical contents embodied or
objectified to such a degree that a person with ordinary knowledge/experience
in the technical field could work it repeatedly is technically incomplete and
does not fall under an industrial invention referred to in Article 1 of the Old
Patent Act (Act No. 96 of 1921).
3. When determining whether
the invention is technically completed at the time of filing of the patent
application, use of a fact proved after the aforementioned
filing as a material is allowed.
(This
translation is provisional and subject to revision.)