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.
JPO Sources Used in this Article.
Kimura & Partners writes regularly on notable updates to Japanese IP law and related developments. Our focus is on Patent and Trademark law of relevance to the global SME market seeking strong IP protection in applications and infringement defense. We have a long history of supporting SMEs in Japan, and multi-jurisdictionally, with our unique approach to client relationships and “fighting on the IP Battlefield”.
Background and Highlights. Judicial Symposium on Intellectual Property / TOKYO 2022 – IP Dispute Resolution in Japan, the United States, and Europe
At the 2022 and sixth symposium, leading PTO officials, legal professionals and administrative patent judges from Japan, the USA and Europe addressed: Judicial Symposium on Intellectual Property / TOKYO 2022 – IP Dispute Resolution in Japan. Lectures, panel discussions, mock trials were held on judicial decisions related to IP disputes and recent IP topics.
In their keynote addresses, the various PTOs identified these key areas of focus and recent development.
Japan, JPO Key Points
- Promotion of Online Procedures and Digitization
- International Cooperation Improves. Regular meetings and exchanges of opinions with IP Offices and other organizations in each country/region
- Transparency of the information about SEPs has been improved by publishing the results of Hantei (advisory opinion)
- Trial and Appeal Practitioner Study Group. Established in FY2006. To share the understanding of trial/appeal practice with users of the trial/appeal system by analyzing actual trial/appeal decisions and court decisions, improving future trial/appeal proceedings based on the analysis results, and widely disseminating the results of the analysis.
Europe, EPO Key Points
- Substantial reduction in the number of pending appeals
- Enhancement of video-conferencing technology enabling large-scale increase in oral proceedings
- Digitization and paperless working solutions substantially increased and improved
- Published key 2023 targets such as having fewer than 7000 cases and a 90% settlement within 30 months
USA, USPTO Key Points
- Identifying which sources of law apply to US appeals
- Typical outcomes in appeal cases
- Options for patent owners after unfavorable written decisions
- Useful appeal outcome and settlement statistics by trial type (IPR and PGR), and by technology/industry
Complete Symposium Materials
Current state of trials and appeals
Invalidation and opposition systems in patents at each IP office
International Comparison of Judgments on Correction Requirements based on Hypothetical Cases
- Hypothetical Cases[PDF:639KB]
The latest trends in IP dispute resolution in Japan and globally are essential to understand. This is especially true for IP professionals. Kimura & Partners welcomes inquiries from professionals, IP holders, applicants, and/or parties to infringement.