Nagashima Ohno & Tsunematsu | View firm profile
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- Introduction
On January 15, 2026, the Intellectual Property High Court (the “IP High Court”) issued an important judgment in an appeal from a Japan Patent Office (the “JPO”) opposition decision concerning Japanese Patent No. 7,353,441. The patent relates to an active energy curable resin composition, a hard coat laminated film and a glass film for exterior use.
The JPO had accepted claim amendments proposed by the patentee, but nevertheless revoked claims 1 to 7, 9 and 10 for lack of inventive step, while maintaining claim 8. The IP High Court annulled that revocation, holding that the JPO had erred in finding a sufficient motivation to combine the cited references.
The decision is significant because it shows that, where a primary reference depends on a specific technical parameter, a secondary reference that does not disclose that parameter may not support a finding of lack of inventive step. It may also be seen as illustrating the willingness of Japanese courts to set aside administrative revocation decisions where the technical basis for revoking patent claims in opposition proceedings is insufficient, thereby providing meaningful judicial protection for valid patent rights.
View original article here.
[Author]
Masashi Chusho, Partner