The plaintiff's claim was dismissed (Plaintiff = Helsinn Healthcare S.A.'s rights invalid). This is the 343rd case in which the Intellectual Property High Court has found the rights invalid.
The plaintiff's claim was dismissed (Plaintiff = Helsinn Healthcare S.A.'s rights invalid).
This is the 343rd case in which the Intellectual Property High Court has found the rights invalid.
https://docs.google.com/spreadsheets/d/1pA1LrKkrBNdYzeaxMdF2ZW7yH90JHEA7/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
The plaintiff's claim was dismissed (Plaintiff = Helsinn Healthcare S.A.'s rights invalid).
This is the 343rd case in which the Intellectual Property High Court has found the rights invalid. Helsinn Healthcare S.A., the patent holder, lost an invalidation trial (invalidation 2018-800028) filed by Nipro Corporation, which is believed to be an interested party, and the Japan Patent Office ruled that "the patent for the inventions related to claims 1 to 9, 11 to 16, and 18 of Patent No. 5551658 is invalid." Claims 10 and 17 have been deleted by correction.
It also states that "the patents for inventions 1 to 9, 11 to 16, and 18 of this patent should be invalidated due to invalidation reasons 1 and 3." Here, (invalidation reason 1) means that "the inventions related to claims 1 to 9, 11 to 16, and 18 of the scope of the patent are not described in the detailed description of the invention, and therefore do not meet the requirements set forth in Article 36, paragraph 6, item 1 of the Patent Act, and the patent falls under Article 123, paragraph 1, item 4 of the Patent Act and should be invalidated."
In addition, "Article 36, Paragraph 6, Item 1 of the Patent Act" is a violation of the "support requirement."
In addition, (Reason for invalidation 3) is that "the inventions related to claims 1 to 9, 11 to 16, and 18 of the scope of the claims of the patent in question are not described clearly and sufficiently in the detailed description of the invention so that a person skilled in the art can work these inventions.
Therefore, the requirement set forth in Article 36, Paragraph 4, Item 1 of the Patent Act is not met, and the patent in question falls under Article 123, Paragraph 1, Item 4 of the Patent Act and should be invalidated."
In addition, "Article 36, Paragraph 4, Item 1 of the Patent Act" is a violation of the "enablement requirement."
And the patent owner, Helsinn Healthcare S.A., filed a lawsuit with the Intellectual Property High Court against the decision of the Patent Office examiner to invalidate the patent, but the court dismissed the lawsuit, stating that "the plaintiff's claim is dismissed."
The reason for the dismissal of the claim by the Intellectual Property High Court was that "there was no error in the decision that the inventions in question did not satisfy the support requirement, and therefore there was no error in the conclusion of the decision that invalidated the patents for the inventions in question."
It is not permissible to grant a patent based on the careless judgment of the examiner at the examination stage of the Japan Patent Office.
Therefore, we believe that the Japan Patent Office should not have granted a patent to Helsinn Healthcare S.A.'s application.
Here, we have listed the "FI" and "F-term" from the "application information" of the patent disclosure in the second and subsequent sheets of this Excel document.
In addition, we have attached documents such as "Selection of search terms and classifications (FI, F-term) and creation of search logical formulas", "Specific examples", "Searches using insufficient and irrelevant "logical search formulas" conducted by searchers of a registered search organization", and "Patent documents that searchers of a registered search organization (AIRI Co., Ltd.) could not find".
https://docs.google.com/spreadsheets/d/1HbNt9hLUBFNm0Lw37czHAj_-JhYjRMAC/edit?usp=sharing&ouid=103290795915107156428&rtpof=true&sd=true
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