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Overview of Intellectual Property High Court Case 2023 (administrative litigation) No. 10059

Case Overview

Case: Intellectual Property High Court Case 2023 (Gyo‑Ke) No. 10059
Parties Involved:
Plaintiff/Patent Holder: X
Defendant: Commissioner of the Japan Patent Office
Key Issue: Whether the claimed invention qualifies as a “patentable invention” under Article 2 of the Japanese Patent Act, specifically addressing the issue of Patent eligible subject matter.

Summarization of the case

This case concerns a patent application (Application No. 2021-89621) titled “A Method for Calculating Dosage Days Including Patient-Held Medications on a Prescription.” The invention aimed to prevent duplication of medical prescriptions by taking leftover medications from previous prescriptions into account when determining the dosage period for newly prescribed medications.

The JPO rejected the application, stating that the invention was based on human mental activity and did not use natural laws, thus failing to meet the definition of a “patentable invention” under Article 2 of the Patent Act.

The Intellectual Property High Court upheld the JPO’s decision, affirming that the invention was a human-made arrangement and did not use natural laws, thereby not qualifying as a patentable invention.

Significance of the Case

This case is significant in that it reinforces the principle that inventions must use natural laws to qualify for patent protection under Japanese law.

Practical Implications

For patent applicants, this case underscores the necessity of clearly demonstrating how an invention uses natural laws to solve a technical problem. Simply implementing one’s idea as it is may not meet the requirements for patentability.