IP News in Japan


 Sept. 9, 2020

Introducing the Fast Track Examination System for Trademarks

As you may be aware, it usually takes about 11 to 14 months from the filing date of an application before the Japan Patent Office (JPO) issues either a first Office Action or a Notice of Allowance in a trademark application.

 June 29, 2020

Revision of the Patent Act and Other Acts (Act No. 3 of May 17, 2019)

Further to our previous report on the revision of the Design Act, there have been several revisions to the Patent Act and other IP-related acts.

 May 1, 2020

Revisions to the Design Law (April 1, 2020)

The revisions to the Design Law promulgated on May 17, 2019, came into effect on April 1, 2020.

 Apr. 28, 2020

Remedial Measures at the JPO in Circumstances Affected by COVID-19

The Japan Patent Office (JPO) has announced relief measures regarding the handling of procedures related to patents, utility models, designs and trademarks that are affected by the novel coronavirus, COVID-19.

 Apr. 3, 2020

Remedies for procedures before the Japan Patent Office affected by COVID-19

On April 3, 2020, the Japan Patent Office (JPO) made an announcement regarding the effect of COVID-19 on procedures such as the filing of patents, utility models, designs and trademarks.

 Mar. 24, 2020

IP High Court Grand Panel Case: Beauty Device Case: Presumption of Damages

The IP High Court decision established criteria for determining the amount of damages as stipulated in Article 102(1) of the Patent Law of Japan.

 Jan. 27, 2020

Conceivability and Unexpected Effect -Doxepin Derivative Case-

In the present case, an inventive step of an invention relating to an ophthalmic formulation containing a doxepin derivative for treating allergic eye diseases was at issue.

 July 11, 2019

Criteria for Determining an Amount of Damages: the “Carbon dioxide-containing viscous composition” Case

In this Grand Panel case, criteria for determining damages under Articles 102(2) and (3) of the Patent Law were clarified.

 Mar. 19, 2019

JPO Fee Reduction System for Small Entities to be Applied More Broadly

As of April 1, applicants eligible to utilize the fee reduction system will be expanded to all small and medium-sized enterprises.

 Mar. 18, 2019

IP High Court Judgment: "System for Providing a Steak Case"

This case was a lawsuit against a revocation decision made in an opposition to grant of patent. The key issue in the case concerned whether or not a "System for Providing a Steak" constitutes an invention under the patent law of Japan.

 Nov. 15, 2018

IP High Court Decision: "Tomato-containing beverage case"

This case was a suit against a Trial Decision that dismissed a request for invalidation. One of the key issues in the case concerned the support requirement as applied to an invention defined by parameters (a "parameter invention").

 Nov. 15, 2018

Trial Introduction of Fast-track Trademark Examination

From October 2018, fast-track examination of applications for trademark registration has been introduced on a trial basis.

 Aug. 27, 2018

Revisions to Examination Guidelines for Software Related Inventions

From April 2018, the Japan Patent Office (JPO) is carrying out examination of patent applications in accordance with the Examination Guidelines and the Examination Handbook which have been revised regarding "eligibility for a patent" and "inventive step" with respect to software related inventions.

 June 8, 2018

IP High Court Rulings: Pyrimidine Derivative

The IP High Court handed down rulings in the two cases indicated above on April 13, 2018.

 June 7, 2018

Law Revising Portions of the Unfair Competition Prevention Act and Other Acts

On May 30, 2018, the "Law Revising Portions of the Unfair Competition Prevention Act and Other Acts" was promulgated.

 Apr. 24, 2018

Status Report 2018

The Japan Patent Office has issued its annual report for FY 2017, which is available at the following URL. The main features of the report are summarized below.

 Feb. 28, 2018

Patent Invalidation Trials in Japan

Following on from our previous article regarding the patent opposition system in Japan, this article introduces the patent invalidation system.

 Oct. 5, 2017

Use of the Patent Opposition System

The Japan Patent Office (JPO) has published statistics related to the use of the patent opposition system that has been in operation in Japan since April 2015. These are summarized below.

 Jul. 18, 2017

The Internet of Things: Clarification of JPO Examination Criteria (2017)

The Japan Patent Office has adopted the following measures in order to augment and clarify its approach to inventions related to the Internet of Things (IoT).

 May 10, 2017

The Fifth Condition for Equivalent Infringement

DXSH Japan Stock Company, Iwaki Sekiyu Co. Ltd., Takada Pharmaceutical Co. Ltd., and POLA-Pharma Inc. v. Chugai Pharmaceutical Co. Ltd.

 Mar. 8, 2017

Effects of Patent Rights that have been Granted Registration of Extension of Term (IP Grand Panel Case)

Debiopharm Int'l S.A. v. Towa Pharmaceutical Co., Ltd.
Ne) No. 10046, Request for Injunction against Patent Right Infringement

 Nov. 22, 2016

The "Maxacalcitol Case", March 25, 2016, IP High Court Decision

The "Ball Spline bearing" case of 1998 (Supreme Court Decision, 1994 (Wo) 1083) ruled that the following five conditions must be met for equivalent infringement.

 Nov. 22, 2016

the "Avastin Case", November 17, 2015, Supreme Court Decision

Article 67(2) of the Patent Law allows for the filing of an application for extension of the duration of a patent right by not more than 5 years for pharmaceutical products, pharmaceutical apparatus and the like that require the approval of the relevant authorities.

 Nov. 22, 2016

the "Pravastatin Sodium Case", July 5, 2015, Supreme Court Decision

In this case, the issue was whether or not the following product-by-process claim (hereinafter, "PBP claim") of the patent right owned by the plaintiff had been infringed.