2014年夏に、クライアントと共に、米国で成立している特許の権利行使の問題で米国特許事務所を訪問したことがある。その特許は、いわゆるビジネス方法発明に関する特許で、日本と米国で特許が成立していた。ビジネス方法発明に対するグローバルな適格性 は非常に重要である。
Author: Takaaki Kimura
Managing Partner and Patent Attorney with over thirty-five years of IP law experience.
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審査の国際化について
各国の法律は属地主義であり、基本的に、その国の法律はその国にしか及ばない。これが、各国法制の基本であり、全ての法制度はこれを前提に成立している。従って、各国の民法は各国の人々の生活を法規制し、各国の憲法はその国の国民の人権を守り、統治機構を規定し、維持する。国際的な知的財産は、領土の原則を越えている
「人はミスをする動物である」というのはアインシュタインの言葉である。日本特許庁「権利救済」に関する思考が欧米並みになったと言える.
Albert Einstein said “Man is an animal that makes mistakes,” Even a genius makes mistakes, and, of course, that includes Patent Attorneys. After a long period of divergence from foreign Patent Offices, the JPO is easing reinstatement of rights procedures.
Each country’s civil law regulates the lives of its people, each country’s constitution protects the human rights of its citizens, and prescribes and maintains its governing structures. International IPO patent examination cooperation is advancing – this is vitally important and welcome within the realm of territoriality.
In 2014, I had occasion, together with a client, to visit a US patent firm regarding the question of enforcing a patent issued in the US. The patent was a so-called business method invention, and had been also granted in Japan. We must address global differences in business method invention treatment.
WIPO Online Tool Helps Japanese SMEs Assess IP Business Risks. Small and Medium-Size Enterprises need all the IP help they can get! WIPO’s “IP Diagnostics” is a valuable online tool that diagnoses IP-related risks associated with your business. The tool enables you to obtain a detailed self-assessment report in 10 areas including patents, trademarks, designs, and trade secrets.
It can be interesting and useful to read about foreign companies and their success, resulting from obtaining patents in Japan. The JPO publishes just such information. The business benefits to foreign companies obtaining patents in Japan are many and diverse.
The JPO’s launch of The Green Transformation Technologies Inventory (GXTI) in September 2022 reflects the obviously growing importance of climate change-related technological advancement. The latest GXTI survey indicates Japan’s leadership in international Green Energy patents, categorized as “Level 2” in the index.
The JPO reports on AI patent filings in the third AI Boom. The number of patent filings in Japan for AI-related inventions has demonstrated an upward trend since 2014 in the wake of the third AI boom. In 2020, it went up by around 14% from the previous year.
The Trilateral patent offices focus on SMEs and IP Ecosystem: a continued show of support for that part of the global economy which generates the highest amount of employment and economic growth.
On November 28, 2022, the Japan Patent Office (JPO) and the intellectual property (IP) offices of the Association of Southeast Asian Nations (ASEAN) Member States held the Third Japan-ASEAN Patent Experts Meeting on IoT Inventions.
The Trilateral patent offices focus on SMEs and IP Ecosystem: a continued show of support for that part of the global economy which generates the highest amount of employment and economic growth.
Formed in 2015, the ID5 oversees global issues impacting the vital IP area of industrial designs (ID). In this meeting, the ID5 tackled emerging technologies such as the Metaverse and interoperability. The ID5 is driving increasing international cooperation in the Industrial Design field.
The JPO reports that petition filing for the US-JP Collaborative Search Pilot Program (CSP) has been simplified. Now in the third phase, the CSP, scheduled to expire at the end of October 2022, has been extended for another two years. The US-JP CSP is available for applicants who cross-file patent applications in both jurisdictions. The JPO & USPTO expedited cross-file patent examination and petition program offers “remarkable improvements”.
In a live seminar held in Tokyo, November 25th, 2022, Takaaki Kimura shared his experience in helping companies leverage IP as a resource to build profits and competitive advantage, and reduce risk. The title of the seminar is indicative of the valuable insights it offers: How SMEs Can Use IP To Improve Profits Business Strength.
Based on the utility model registration of a Japanese company in China, we filed an injunction request with the administrative agency of a certain local city in China. This case study explains two solutions to overcoming local patent protectionism in China.
If a patent application (latter application) is filed with the claimed invention being identical to the description in the specification of a former patent application, the application may be rejected when the former patent application is laid open to the public after the filing of the latter patent application. Understanding secret prior art in Japanese and global patent law is important.
IP dispute resolution is at the core of the IP system globally. The effort required by companies and IP professionals in the stages of application, examination, granting and managing of IP assets is substantial. However, it is when faced with infringement and the battle to protect IP these efforts, that your ability to prevail is put to the test. The latest trends in IP dispute resolution in Japan and globally are essential to understand.
The JPO has been improving the speed and quality of patent and trademark examinations. In fact, they have stated their aim to be the fastest in the world, and the recent publication of related statistics confirms Japan is achieving more timely trademark applications.
