Categories
Resources

Design Registration Hurdles in Japan Compared to Other Countries. Are they the Highest?

The JPO is conducting comparatively high-level and detailed examinations. Design registration hurdles in Japan compared to other countries should be considered.

Categories
Resources

What Is the Evidence Value of Private Documents In Patent Opposition Cases & Patent Invalidation Trial Cases?

In PTO cases, a problem is evaluating the evidence value of private documents for patent invalidation or opposition in Patent litigation.

Categories
Resources

Should You Register Patents Under the President’s Name or the Company Name? Patent Registrations and Infringement Litigation Implications.

Always register IP under the company name, even when it is supported or created by the president’s technical capabilities.

Categories
Japan IP News

Updated Guide to Standard Essential Patents (SEPs) Licensing In Japan: September 2022

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.

Categories
Japan IP News

USPTO Joins JPO in WIPO GREEN: the international green-technology platform.
From a Japanese initiative In Green Patent Databases and Resources

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. 

Categories
Japan IP News

Japan’s IPO Green: Helping Global IPO’s Progress in Green Patent Impact Globally.
Japan’s continuing Green Patent – Related Initiatives

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.

Categories
Japan IP News

Japan (JPO) Launches Green Transformation Technologies Inventory (GXTI).
A Key Part of Japan’s New Corporate Environmental Governance Code

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.

Categories
Japan IP News

The Patent Prosecution Highway (PPH) Speeding Multi-Country Patent Examinations. Part 1. 2022 Update.

…”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)”

Categories
Japan IP News

April 22. WIPO Report on Digitalization Innovation & Green Tech. From Entrepreneurs to Policy Makers: What Needs To Happen

“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.”

Categories
リソース

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。

Categories
リソース

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

Categories
Resources

The Doctrine of Equivalents in Patent Infringement Discussions in Japan & Comparisons with the United States, Europe and China

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.

Categories
Resources

Christian Louboutin Trademark “Red Sole High Heels” Case Progress Report

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. 

Categories
Japan IP News

July 2, 2022. JPO 2022-2026: Action Plan for Utilization of Artificial Intelligence (AI) Technology.

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.

Categories
Japan IP News

June 9, 2022: Japan, Europe, Korea, China, and the U.S. (the IP5) Collaborate on IP to achieve SDGs.

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

Categories
Resources

Japanese Perspective on Patent Examination Practices in China and Korea. It’s Important to Understand Countries’ Domestic Orientation.

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.

Categories
Resources

Ensuring Intellectual Property Support for SMEs in Japan & Globally – the Differences Between SME and Corporate IP Treatment.

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.

Categories
Resources

Understanding the JPO Japanese Appeal System and the Differences From Other Countries – the Four Appeal Stages

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

Categories
Japan IP News

March 17 2022 JPO Trilateral IP & Environmental Symposium – Contribution of the Patent System Towards a Carbon Neutral Society.

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.

Categories
Japan IP News

JPO Standard Essential Patents (SEP) Symposium May 19, 2022 – Latest Global Trends and the Frontier of Discussion 

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