Apr. 11, 2025

Supreme Court Ruling in Dwango v. FC2: Do Japanese Patent Rights Extend to Cross-Border Implementation of Network-Related Inventions?

The Supreme Court presented its view that Japanese patent rights may extend to cross-border acts involving network-related inventions and set forth the criteria for such cases.

　Jan. 7, 2025

NOTICE REGARDING EXCEPTIONS TO LOSS OF NOVELTY (GRACE PERIOD) UNDER JAPANESE PATENT LAW

We would like to highlight key differences between Japanese patent practice and that of the United States, Canada, and Australia concerning the exceptions to loss of novelty (also referred to as the “grace period”).

　July 12, 2024

Revisions to IP Laws - Law Revising Portions of the Unfair Competition Prevention Act and Other Acts

The Law Revising Portions of the Unfair Competition Prevention Act and Other Acts was promulgated on June 14, 2023, and put into force sequentially.

　July 2, 2024

Court Decision concerning the Eligibility of AI Inventors (DABUS Project)

The Court determined that the Japan Patent Office (JPO)'s dismissal of an application that listed "DABUS, The invention was autonomously generated by an artificial intelligence" as the name of the inventor, was legitimate.

　June 25, 2024

Information on Trademark Act Revisions

As of April 1, 2024, a portion of the Japanese Trademark Act has been revised, and we therefore wish to provide the following information.

　June 11, 2024

Settlement of Request for Arbitration in the Public Interest

On July 13, 2021, a request for arbitration in the public interest based on Article 93 of the Patent Law was filed for the first time in Japan; however, the request was withdrawn on May 30, 2024, as a result of settlement.

　Nov. 17, 2023

Introduction of "Service by Publication" in response to International Mail Service Suspension

The Japan Patent Office (JPO) has introduced a measure known as "service by publication" for documents that cannot be delivered to the intended recipient, by instead publishing the relevant information in the Official Gazette and the Patent Gazette, posting the information at the JPO or making the information accessible by other such means.

　Nov. 14, 2023

Comparison of Examination Practices on AI-related Inventions in USPTO, EPO, CNIPA, KIPO and JPO

The Japan Patent Office (JPO), together with the USPTO, the EPO, the CNIPA and the KIPO, has published a comparison table that summarizes the laws, examination guidelines and exemplary cases concerning AI-related inventions, which was approved by the five offices (IP5 Offices) in June 2023.

　June 20, 2023

Infringement of Patent Directed to System Composed of Server outside of Japan and User Terminals - Territoriality Issues (IP High Court Grand Panel Case)

The Grand Panel found that production of a system composed of a server located abroad and domestic user terminals constituted infringement of Japanese Patent No. 6526304, owned by Dwango, the appellant, the patent being directed to an invention of a system comprising a server and plural terminal devices connected by a network.

　Apr. 18, 2023

Termination of Relief Measures related to COVID-19 at the JPO

As of May 9, 2023, the Japan Patent Office (JPO) will terminate the relief measures implemented in response to COVID-19.

　Apr. 18, 2023

Fast-track Trademark Examination Suspended as of April 1, 2023

Fast-track trademark examination has been suspended as of April 1, 2023, owing to overall reductions in the length of examinations.

　Feb. 27, 2023

Suspension of Examination of Divisional Applications from Parent Applications Pending Trial

On February 13, 2023, the Japan Patent Office (JPO) announced that the JPO will introduce a measure that allows applicants of patent applications to request suspension of examination of divisional applications filed from applications that are pending trial (appeal) proceedings.

　Dec. 19, 2022

Presumption of Damages: Massage Chair Case (IP High Court Grand Panel Case)

The present case is an IP High Court Grand Panel case in which the court upheld the cumulative application of clauses (2) and (3) of Article 102 for the presumption of the amount of damages.

　July 22, 2022

Revisions to IP Laws - Restoration of Rights and Expansion of Infringing Actions

On July 15, 2022, a Cabinet Order announcing the dates of implementation of some of the previously reported revisions to the IP Laws was approved by the Cabinet.

　May 27, 2022

Japan Patent Office (JPO) Requires Sequence Listings to Comply with WIPO Standard ST. 26 as of July 1, 2022

As agreed by the WIPO member states, all sequence listings accompanying patent applications filed in the JPO on or after July 1, 2022, will be required to comply with WIPO Standard ST.26.

　Mar. 7, 2022

Revision of Official Fees (effective on or after April 1, 2022)

There will be a raise in the official fees for patent annuities and trademark registration fees.

　Feb. 25, 2022

Amendment to the Enforcement Regulations of the Patent Law and the Utility Model Law, Limiting the Use of Multiple Dependent Claims

Hitherto, multiple dependent claims in patent or utility model applications that depend from other multiple dependent claims have been permitted in Japan.

　Feb. 4, 2022

Recent Developments with regard to AI and IoT-related Inventions

A JPO webpage providing examination guidelines for AI and IoT-related technologies has been launched.

　June 3, 2021

Revisions to IP Laws

On May 14, 2021, a bill for new revisions to IP Laws passed the Diet and was promulgated.

　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. 3, 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.