The JPO issued a decision regarding product-by-process claims
During procedures for correction of an issued patent, the JPO has accepted the change of product-by-process claims, which were material claims, to manufacturing method claims. The JPO examined whether or not the change substantially expands or changes the scope of the rights. We believe that this concept may be applied to invalidation and opposition procedures.
However, the JPO commented that such changes will be examined on a case-by-case basis and that such changes may not be accepted for all future cases.
The decision was issued on March 15, 2016.