The JPO is conducting comparatively high-level and detailed examinations. Design registration hurdles in Japan compared to other countries should be considered.
Author: Takaaki Kimura
Managing Partner and Patent Attorney with over thirty-five years of IP law experience.
In PTO cases, a problem is evaluating the evidence value of private documents for patent invalidation or opposition in Patent litigation.
Always register IP under the company name, even when it is supported or created by the president’s technical capabilities.
Global SEP licensing negotiations are continuing to be transformed, and The Japan Patent Office (JPO) has published the 2nd Edition of its Guide To Licensing Negotiations Involving Standard Essential Patents.
WIPO GREEN connects climate change problems with sustainable solutions. We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy.
Japan’s IPO GREEN is a vital resource for all SME’s. We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy. So we also expect the GXTI to be a valuable resource in helping us guide clients, and their IP and business strategies.
JJapan’s JPO Green Transformation Technologies Inventory (GXTI) has now been launched. We see the WIPO GREEN, IPO GREEN and the GXTI as useful resources for all companies, including SME’s in developing and improving their IP and business strategy. So we also expect the GXTI to be a valuable resource in helping us guide clients, and their IP and business strategies.
…”a fast-track examination framework that enables users to make a simple request to accelerate the examination of a patent application pending at an Office (Office of later examination) when a corresponding application has been found allowable/patentable by another Office (Office of earlier examination)”
“Human innovation is inevitable, but its outcomes are not. The direction of innovation is the result of multiple actions by entrepreneurs, researchers, consumers and policy-makers, and society’s needs can change quickly as they did during the fast-spreading COVID-19 pandemic.”
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日本における特許侵害論での均等論について
－米国・欧州・中国との対比―
日本で均等論侵害は未だに権利者にとっては米国ほど身近な存在ではない. 均等論」は、古くは英国の判例法において法理論が形成され、その後、米国裁判所において様々な重要判決が出され、進化した法理論である、日本においては、長く否定されてきたが、2016年の最高裁判決により認められた侵害理論である。
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クリスチャン・ルブタン「レッドソールハイヒール」事件経過報告
ルブタン側の、特許庁の審査での拒絶査定を不服とする審判請求を却下する審決が出た。この審決により、ルブタン側の「レッドソールハイヒール」商標登録の試みは、日本特許庁段階では最終的に容認されなかったことになる
n patent infringement cases, the “infringement discussion” (whether or not the alleged infringing product actually infringes the patent right) is the first hurdle in the courts in any country.
The JPO has issued its decision dismissing the appeal against the decision of refusal in the examination of the Christian Louboutin “Red Sole High Heels trademark” case.
The JPO’s “Action Plan for Utilization of Artificial Intelligence (AI) Technology” to improve the efficiency and quality of the JPO administrative work. This is an update from the 2017 six-year plan: in fact, the JPO has promoted the project while revising the Action Plan annually.
The purpose of the 15th of the IP5, was to consider “the contribution of IP systems toward helping to solve global challenges, focusing on Goals 7, 9, and 17 of the United Nation’s Sustainable Development Goals (SDGs).” In fact, on June 9 2022 the JPO led SDG IP collaboration among global powers
As a Japanese patent attorney, I’ve handled, and I’m aware that there are a large number of applications to Asian countries, especially China and South Korea.
It seems that the landscape of IP protection in large companies, compared to that of SMEs, is completely different – this is not the case only in Japan, but globally. It is vital to understand the differences between SME and Corporate IP Treatment by the PTOs and in business.
Unlike in other countries, in Japan JPO appeals are more advantageous than examinations. In general, there is a higher possibility of successful acquisition of rights at the appeal stage than at the examination stage
Hosted by the JPO, on March 17, 2022. The Trilateral Offices, consisting of the Japan Patent Office (JPO), the European Patent Office (EPO), and the United States Patent and Trademark Office (USPTO) held a symposium on IP and Carbon Neutral technologies.
As stated by the Japan Patent Office (JPO)…“In recent years, Standard Essential Patents (SEPs) are more actively debated due to the accumulation of court decisions and the trends in efforts by the government in each country
