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DECISI ON � PATENT LAW
Japan
‘‘Misappropriation of Prior Art’’
Patent Act Sec. 123(1)(vi) – Kato Mfg Co. Ltd. v. Tsukasa MachineIndustry Co. Ltd.
Decision of the Intellectual Property High Court10 November 2011
� Max Planck Institute for Intellectual Property and Competition Law, Munich 2013
In cases where the plaintiff alleges invalidity of the defendant’s patent because
the defendant had misappropriated the invention cited as closest prior art and
improved thereupon, the patent should not be regarded as misappropriated only
on this ground unless the patented invention is identical to the cited prior art,
the more so since such prior art had been publicly known at the time of the
application.
Summarised by Hisayoshi Yokoyama.
123
IIC (2013) 44:243
DOI 10.1007/s40319-013-0029-2
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