本文摘要日本特许厅开始试行“对应于标准战略的审查”制度。该制度适用的专利申请是申请人本人或发明人所属企业等正在进行标准化活动的技术相关的专利申请。申请人可以请求日本特许厅按照标准开发的进展，在从提出实审请求起最长24个月后的某个希望时点启动审查。该制度导入的背景日本的专利审查，长期以来以审查速度较快著称。第一次收到OA的时间，以及授权的周期均较短，这对一般专利申请而言是一个明显利好。但是，在标准必要专利相关的申请中，如果在标准规范最终确定之前过早授权的话，权利要求的范围可能无法充分覆盖最终的标准的范围。在实践中，申请人往往通过反复提出分案申请，使案件持续处于未审决的状态，并在标准化进程确定后再

Judgments on inventive step have always been a key issue in lawsuits against the JPO's trial decisions.  Statistically, the Intellectual Property High Court (IPHC) tends to maintain the Japanese Patent Office (JPO) trial decision in terms of inventive step.  That said, there are some cases in which

SummaryThe JPO has announced the launch of a trial “Standard Strategy-Compliant Patent Examination” pilot program for patent applications relating to technologies for which the applicant, or an organization to which the inventor belongs, is conducting standardization activities. The program allows t

Recently, we have observed a growing number of toilet rolls products with extended roll lengths without excessively increasing the roll diameter.  Consumers are drawn to the convenience of these products, which offer less frequent toilet roll changes and reduce storage space.  At present, such produ

Summary of the JudgmentOn May 27, 2025, the IPHC ruled that the manufacturing and sales of "Nalfurafin Hydrochloride OD Tablets" by generic drug manufacturers Sawai and Fuso constitute infringement of the patent rights in question, and granted Toray a claim for damages. Sawai was ordered to pay appr

Date of Judgment: March 19, 2025Court: Intellectual Property High Court (Grand Panel)Case No.: 2023 (Ne) 10040Patent No.: 5186050Title of Invention: Composition for Promoting Increase of Subcutaneous Tissue and Subcutaneous Fatty TissueBackground of the CaseOn March 19, 2025, the Grand Panel of the

IntroductionInternet-of-Things (IoT) services will soon be based on standard-based wireless technologies, and implementers of IoT services will have to be careful of SEP (standard essential patent) holders, although it might have been fine if attention was paid only to cellular networks when it come

On 3 March 2025, the Supreme Court of Japan handed down a landmark ruling in the Dwango vs. FC2 patent infringement case, ruling in favour of Dwango (dismissing the appeal). This decision is highly significant as it clarifies the extraterritorial application of Japanese patent rights to digital serv

Date of IPHC Decision: January 30, 2025IPHC Case Number: 2024(Gyo-ko)10006Tokyo District Court Case Number: 2023(Gyo-u)5001Date of Tokyo District Court Decision (original judgment): May 16, 2024Case Type: Suit for Revocation of Administrative Disposition Dismissing a Patent ApplicationPlaintiff/Pate

On September 19, 2024, Nintendo Co., Ltd. announced that the company and The Pokémon Company, its subsidiary, filed a patent infringement lawsuit against Pocketpair, Inc. in the Tokyo District Court, contending that “Palworld” infringes the following three patents related to Pokémon series, a well-k

The JPO announced that a limit has been set on the number of cases for which an applicant can apply for the examination fee reduction/exemption system. The revised program has been applied to cases for which a request for patent examination was filed on or after April 1, 2024.Under the revision, sma

In November 2023, Nippon Steel announced that it had waived claims in the patent infringement litigation against Toyota Motor Corporation (“Toyota”), and Mitsui & Co., Ltd. and Mitsui & Co. Steel Ltd. (“Mitsui”).  “Waive of claim” means the plaintiff terminates the litigation and same effect

A non-disclosure system for patent applications will be introduced in Japan on May 1, 2024.  This article outlines the new system and its impacts on filing activities of overseas applicants.The Outline of the New SystemSystem for non-disclosure of selected patent applications is stipulated in Chapte

The Japanese Patent Office (JPO) updated its annual report on “Recent Trends in Business-Related Inventions” in November 2023.  The report has summarized patent filings and examination trends in business-related inventions between 1997 and 2021.  As for the 2020 updates, please refer to our past new

Amid an environment of high-speed technical innovation, it is necessary for companies to work hand in hand in taking approaches to “co-create” their values to tackle diversified social problems, knowing that a single company cannot solve such problems alone.  In this regard, it is worth noting that

Sharp has engaged in licensing activity of standard essential patents (SEPs) for wireless communication technologies to global companies in the telecommunication field.  Sharp holds more than 6,000 patents related to 5G SEPs.On November 27, 2023, Sharp and Huawei Technologies, a Chinese telecom gian

The JPO conducted a comprehensive survey in May 2023 to summarize and analyze patent filing trends in green transformation (GX) technologies among respective regions and countries for the first time, referring to the JPO’s Green Transformation Technologies Inventory (GXTI).  Green Transformation, ak

On November 29, 2023, the Japanese subsidiary biopharmaceutical corporation, Bristol Myers Squibb (BMS), announced that the Tokyo District Court issued a preliminary injunction order against Sawai Pharmaceutical Co., Ltd., a Japanese generic drug manufacturer, that prohibits sales and manufacture of

Trends in patent infringement litigation disposed of by the Tokyo District Court (TDC) and Osaka District Court (ODC) between 2014 and 2022Under Japanese judicial procedures, the first instance of patent infringement litigation is the TDC or ODC.  According to statistics released by the IP High Cour

AI experts assigned to all examination teamsThe Japanese Patent Office (JPO) has increased the number of officers with expertise in AI-related patents from 10 to 40.  Accordingly, an officer with expert knowledge in AI has been dispatched to each examination team by technical field, ensuring the org

Key NumbersThe number of patent applications slightly declined while the numbers of requests for examination and registrations remain unchanged.The number and ratio of patent applications from foreign countries are as follows.The number of requests for appeal against an Examiner’s decision of refusa

Outline of the SystemThe Cabinet of Japan approved on April 28, 2023, a framework for a patent non-disclosure system which was stipulated in the Economic Security Bill enacted in May 2022.  The operation of the system is scheduled to start in May 2024.  The patent non-disclosure system aims to preve

The EPO (European Patent Office) and IEA (International Energy Agency) released a joint study titled “Hydrogen patents for a clean energy future -A global trend analysis of innovation along hydrogen value chain-“ in January 2023. The voluminous 70 page report contains patent filing trends on hydroge

OutlineOn May 26, 2023, the Intellectual Property High Court (IPHC) made a landmark decision that finds patent infringement on an internet-related invention beyond a national border.  In the lawsuit, DWANGO Co., Ltd., a Japanese web service company of which one of the major services is a video distr

In this Issue- 3.8 Million USD in Copyright Infringement Damages for “Fast Movies”- Supreme Court Decision: Does Patent Enforcement Cast Off the Stigma of Abuse of Right?- Recent Trends in Business-Related Inventions- Deep Learning Accounts for Approximately Half of AI-Related Inventions Filed at th

In this Issue- Music School Student Performances Not Subject to Copyright Fees- Customs Act Prohibits Import of Private Use Counterfeit Products- Japanese Car Makers Enter Connected Car License Agreement- Panasonic First in Japan to Join Low-Carbon Patent Pledge- Infringement Found in Action via Ove

In this Issue- Establishment of Guidelines for License Negotiations for Standard Essential Patents- New Guidelines for Co-Ownership of Patents- WIPO Report: Toyota has Most Active Patents related to Hydrogen Fuel Cells in Transportation- JPO Studying Easing of Registration Requirements of Name Trade

In this Issue- Japan Likely to Consider Secret Patent Non-Disclosure System- Mitsubishi Electric Discloses Their Technology Assets Online Aiming for "Co-Creation" with Other Companies- Nippon Steel Files Patent Infringement Litigation against Toyota and others over Electromagnetic Steel Sheets- Pate

In this Issue- Three Signature Patterns of Costumes in “Demon Slayer” Registered as Trademarks in Japan- Patent Litigation over Smartphone Game Reaches Settlement for 29 Million Dollars (Nintendo vs. Colopl)- Release of Case Examples of Design Registrations of Related Designs Pertaining to “Partial

In this Issue- Bill for Revisions to Japanese Patent Law Approved- Good News for Patentees! Obtaining Consent from Non-Exclusive Licensees will No Longer be Required- Amicus Curiae Brief System to be Introduced- JPO Technical Trend Report: Self-Driving and MaaS

In this Issue- Former Softbank Employee Arrested for Leaking Trade Secrets- Interior/Exterior Design of Buildings to be Protected as Designs- Recent Trends in Quantum Cryptography - Toshiba Venturing into the Field- Abolishment of Handwritten-Signature Requirements for Procedures at the JPO