SHIGA IP NEWS covers updated information regarding Intellectual Property in Japan. SHIGA IP NEWS is sent to our overseas clients via air mail. If you would like to subscribe to our newsletters, or if you have any questions or comments, please contact us at
info@shigapatent.com.
| Vol. 29 (March 2011) | ||
| ・ | Recent IP Trends in Lithium-Ion Batteries | |
| Battery technology has been drawing much attention as a next-generation energy source. In particular, lithium-ion batteries are expected to be in high demand in the market, encouraged by an increased demand for hybrid cars and electric vehicles in order to achieve CO2 emission reduction goals. In this issue, we feature recent IP trends in lithium-ion batteries based on a research report published by the JPO. | ||
| ・ | Recent Trends in IP High Court Judgments regarding Inventive Step | |
| In the past, the IP High Court tended to be strict in their judgments regarding inventive step. However, in view of recent IP High Court judgments, it seems that the criteria regarding inventive step have become more relaxed. In this issue, we report on recent trends in IP high Court judgments concerning inventive step, and the impact they have on JPO practice. | ||
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| Vol. 28 (March 2010) | ||
| ・ | Recent trends in Nanotechnology Related Applications (Carbon Nanotubes) | |
| The number of patents related to nanotechnology registered at the JPO has been rapidly increasing in recent years. In particular, carbon nanotubes are drawing much attention and Japanese applicants are very active in filing patent applications related to carbon nanotubes. This issue discusses the recent trends in patent applications related to carbon nanotubes. | ||
| ・ | Revision of Examination Guidelines for “Industrially Applicable Inventions” and “Medical Inventions” | |
| “Methods for treatment of the human body by surgery or therapy and diagnostic methods practiced on humans” (medical activities) are not patentable in Japan. However, due to the rapid development of medical technology, there is a need to reconsider and clarify the scope of patentable subject matter in the examination guidelines. The examination guidelines for industrially applicable inventions and medical inventions were revised on October 23, 2009. This article explains the details of the revisions announced by the JPO. | ||
| ・ | Recent Court Case: Guidelines for Trials for Correction (IP High Court Decisions: Heisei 19-(2007)-10163, Heisei 20-(2008)-10456, and Heisei 21-(2009)-10157) | |
| This article discusses key issues in a recent noteworthy case concerning Trials for Correction which our firm had been involved in. | ||
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| Vol. 27 (September 2009) | ||
| ・ | Recent IP Trends in Bio-Based Polymers | |
| Carbon-neutral materials, such as bio-based polymers which consist of biomass materials, have been drawing much attention recently as alternatives to fossil fuels. This issue features recent IP trends in technology related to bio-based polymers, analyzing the number of patent applications related to bio-based polymer technology filed between 1995 and 2006 at the patent offices of Japan, the U.S., Europe, China, and Korea. Focusing on patent applications categorized by components, polylactic acid (PLA) is the most popular material for industrial use among the components of bio-based polymers. In the future, an increase in the consumption of PLA and its potential market can be expected. | ||
| ・ | Appeal Process and Application Grant Rate | |
| Appeals against Decisions of Rejection are filed frequently in Japan, and the success rate of appeal cases is relatively high. This article provides an overview of the appeal process and some relevant statistics which show the importance of utilizing the appeal system in order to secure patent rights. | ||
| ・ | Movements at the JPO: "Double Track" Process in the Decision of Patent Validity | |
| Further to Shiga IP News, Vol. 25, we report experts’ opinions regarding the “decision of patent validity” by the “patent system study panel”. Under the present system, there are two separate processes in which a decision of patent validity can be made, a so-called “double track” process: an invalidation trial conducted by the JPO, and an infringement litigation suit conducted before the court. Since the “double track” process is a heavy burden on all parties involved, a simple and well-balanced system is desired which would lead to a prompt determination of the effective scope of the patent right. | ||
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| Vol. 26 (June 2009) | ||
| ・ | Recent IP Trends in Solar Cell Technology | |
| Solar cell technology continues to be developed as a next-generation energy source. Patent applications related to dye-sensitized solar cells (DSSC), a popular type of solar cell, have been filed in great numbers since 1997. According to our investigation, more than 200 DSSC applications have been filed annually since 2003. Focusing on DSSC component technologies, the number of applications related to semiconductor films is larger than that of the other technologies. | ||
| ・ | Period for Filing Amendments and/or Divisional Applications after the Issuance of Decisions by Examiners | |
| In accordance with the 2006 and 2008 revisions, divisional applications and amendments can now be filed under the following conditions: | ||
| (a) | After Receipt of a Decision of Allowance | |
| If the original application was filed on or after April 1, 2007, a divisional application can be filed within 30 days from the receipt of the Decision of Allowance. However, amendments are not allowed. | ||
| (b) | Term for Filing Amendments after Receipt of a Decision of Rejection | |
| Amendments must be filed simultaneously with an appeal against a Decision of Rejection within four months from the receipt of the Decision of Rejection. | ||
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| Vol. 25 (April 2009) | ||
| ・ | Recent IP Trends in Regenerative Medicine | |
| Regenerative medicine has attracted enormous attention as a promising technology. After Dr. Shinya Yamanaka of Kyoto University first generated iPS cells, many Japanese applicants became involved in filing patent applications related to such technology. Due to the rapid growth of technical development in regenerative medicine, the JPO revised the Examination Guidelines. Under the revised Guidelines, “methods which separate or purify stem cells removed from a human body”, “methods which cultivate stem cells”, “methods which differentiate stem cells into tissue cells”, and “methods which carry out processing before transplanting a tissue or organ removed from a human body” are now patentable. | ||
| ・ | Movements at the JPO Concerning Revisions of the Japanese Patent Law | |
| The JPO took the first step to further discuss fundamental revisions to the Japanese patent law which was enacted in 1959. A “patent system study panel” was first held on January 26, 2009, and outlined the following: revision of the effects of patent rights; promotion of patent utilization; expeditious and effective dispute resolution; improvement in quality of patents; establishment of a fast and flexible examination system; and promotion of international harmonization. Shiga IP News will provide regular updates on these movements. | ||
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| Vol. 24 (November 2008) | ||
| ・ | Overview of the Revisions to the Japanese Patent Law | |
| Revisions effective from April 1, 2009, include the following: the period for filing an appeal against a Decision of Rejection; and the license registration system. | ||
| ・ | Super Accelerated Examination | |
| In October 2008, the JPO began experimental implementation of the “Super Accelerated Examination” system. Under this system, an OA will be issued within one month after filing a request for the Super Accelerated Examination (under the regular accelerated examination system, the average period is 2.2 months). To apply for this system, applicants must satisfy certain conditions. | ||
| ・ | Ranking of Companies Based on the Number of Applications | |
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| Vol. 23 (July 2008) | ||
| ・ | Recent Trends in Intellectual Property-Related Activities of Japanese Applicants | |
| As Japanese companies promote the export of their technologies and products, their intellectual property strategies are becoming important, and expenses for IP-related activities are increasing. More Japanese companies are learning to utilize their patent rights for licensing and standardization in order to expand their business. | ||
| ・ | Recent Trends in Invalidation Trials and Intellectual Property Litigation | |
| Although the number of intellectual property ligation cases is still lower than in Europe, the Japanese legal system has gradually expanded with regard to litigation due to the promotion of the Pro-Patent Policy by the Japanese government. There are more than 500 infringement litigation cases based on IP rights handled by the District Courts every year. With regard to appeals against trial decisions, which include decisions in invalidation trials and decisions at the examination stage, more than 500 cases have been filed every year since 2000. The average trial length has decreased for invalidation trials. This shows that the JPO is making efforts to process trials more promptly. Similarly, the average trial length for infringement litigation and appeals against trial decisions at the Courts has also decreased. | ||
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| Vol. 22 (February 2008) | ||
| ・ | Recent Trends in Patent Applications Filed by Japanese Applicants | |
| In 2006, the number of PCT applications filed by Japanese applicants totaled 26,000 and Japan ranked second among countries filing PCT applications. Japanese applicants have recently started to file their applications not only in Europe and the U.S. but also in emerging nations such as China, Taiwan, and Singapore. Japanese applicants file a greater number of patent applications related to displays/acoustics and electronic appliances/semiconductors. | ||
| ・ | Recent court case: Ban on the sale of recycled ink cartridges for ink jet printers allowed by the Supreme Court | |
| In November 2007, the Supreme Court concluded that the accused recycled products of Recycle Assist Co. infringe the patent rights of Canon for a recycled ink cartridge. The judgment defines the criteria regarding the exhaustion of a patent right and regarding recycled products, and is likely to be referred to whenever recycled products are sold. | ||
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| Vol. 21 (June 2007) | ||
| ・ | Trends at the Japanese Patent Office | |
| A JPO report issued in March 2007 presented the current JPO policy and statistical data of patent examinations and appeal cases. According to the report, the JPO encourages global cooperation with overseas patent offices. The JPO is active in the “patent prosecution highway” with the USPTO, the KIPO, and the UKPO. (More patent offices have recently joined.) In addition, the JPO promotes the filing of overseas applications by Japanese applicants. The statistical data illustrates an increased number of backlogged unexamined patent applications and the examination wait time. | ||
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| Vol. 20 (January 2007) | ||
| ・ | Revisions to the Japanese Patent Law | |
| The Revisions effective from April 1, 2007, include the following important points: restriction of allowed amendments after the issuance of an OA (Article 17bis); additional period to file a divisional application (Article 44); and restriction of allowed amendments for a divisional application (Article 17bis, 50bis). | ||
| ・ | Hitachi Case Ruled in Favor of Former Employee | |
| On October 17, 2006, the Supreme Court upheld the Tokyo High Court judgment in which it was accepted that remuneration for an employee is applicable for overseas patents as well as cross-licensing agreements. | ||
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