Atomic Energy Generation Device Case

In 1940, the Commissariat à l'énergie atomique of France filed a patent application in Japan for an "Atomic Energy Generation Device".

[1] The application was invalidated during World War II, but was subsequently restored pursuant to the Order Concerning Post-War Measures for the Industrial property rights of Allied Nationals 1 Article 7, Paragraph 1, Item 2.

Consequently, the applicant filed a lawsuit against the Commissioner of the JPO in the Tokyo High Court seeking to have the appeal decision set aside.

Incidentally, the inventor of this patent application was Irène Joliot-Curie who was the eldest daughter of Madame Curie, and Irene, a party not involved in this suit, was the recipient, along with two other individuals, of a 1935 Nobel Prize in Chemistry.

It is therefore necessary that, in addition to the practical means for causing chain nuclear fission through neutron bombardment and keeping the same appropriately under control, the technical detail of the device should contain plans for practical methods sufficient to suppress the significant risks that are inevitably inherent when conducting chain nuclear fission.

(iii) In terms of the patent application process, the entire technical details of this kind of invention should be…disclosed within the description contained in the specification.