Overview of Intellectual Property High Court Case 2017 (Trial for Patent Decision Cancellation) No. 10072
Case Overview
- Case: Heisei 29 (Ne) No. 10072
- Parties Involved:
Plaintiff / Patent Holder: Mekiki Co., Ltd.
Defendants: Mixi, Inc.
- Key Issue: Interpretation of the term “とき” (“toki”) in the claim language
Summarization of the case
In this case, the court addressed the interpretation of the term “とき” (“toki”), meaning “when” or “at the time,” within the context of patent claims. The dispute centered on whether this term should be understood as indicating a condition or a specific time point.
The court emphasized that the interpretation of claim language should primarily be based on its ordinary meaning in the relevant technical field, as well as the context provided by the patent specification and drawings. In this case, the term “とき” was interpreted as indicating a condition, meaning that the action described in the claim occurs under certain circumstances.
The court also noted that even if the term were to be interpreted as referring to a specific time, the use of the past tense (“送信したとき” – “when sent”) suggests that the sending action precedes the subsequent action described in the claim.
Significance of the Case
This case underscores the importance of interpreting patent claim language in light of its ordinary meaning, the context of the patent specification, and the technical field. It highlights the need for clarity in claim drafting to ensure that the scope of the patent is well-defined and enforceable.
Practical Implications
For patent practitioners, this case serves as a reminder to carefully consider the language used in patent claims and to ensure that terms are defined clearly and consistently. It also emphasizes the importance of aligning claim language with the intended scope of the invention to avoid potential ambiguities that could affect the enforceability of the patent.
