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Product-by-Process Claims: Changes in the Japanese Practice further to the Supreme Court Decisions on the Pravastatin Sodium Case, and a Comparison with Other Jurisdictions

- Article contributed to Bimonthly Journal of “AIPPI JAPAN” Vol. 42 No. 2  2017 – Product-by-Process Claims: Changes in the Japanese Practice further to the Supreme Court Decisions on the Pravastatin Sodium Case, and a Comparison with Other Jurisdictions Abstract A product-by-process claim may be interpreted according to one of the two following theories: a “product identity theory” by which the …

[IP Update: Japan] More Graphic Images to be Protected under New Examination Guidelines for Designs

On March 11, 2016, the Japan Patent Office (JPO) announced the revised Chapter IV (“Design Including a Graphic Image on a Screen”) in Part VII of the Examination Guidelines for Design. New “74.4.3: Creative difficulty” in Chapter IV is applicable to applications for design registration examined on or after April 1, 2016, whereas the rest …

[IP Update: Japan] Revised Examination Guidelines for Trademarks

The Japan Patent Office (JPO) officially announced the new Examination Guidelines for Trademarks, which started to be applied as of April 1, 2016. This is the first time that the Guidelines have been comprehensively revised since the first edition was released 45 years ago. Among the key revisions listed in Reference (1) below, a public …

[IP Update: Japan] Overview of Revised Examination Guidelines for Patents, Designs and Trademarks

The Japan Patent Office (JPO) sequentially revised Examination Guidelines and related materials for Patents, Designs and Trademarks in 2015 and 2016. The following is a summary of each revision. 1. Patents On September 16, 2015, the JPO released the comprehensively revised “Examination Guidelines for Patent and Utility Model” and “Examination Handbook for Patent and Utility Model” in accordance …

[IP Update: Japan] Review and Statistics relating to the Revision of Patent Act, Design Act and Trademark Act in 2014 -“Patent Opposition System”, “International Design Application” and “Non-traditional Trademarks” -

In advance of the revision summarized in the previous articles about “Revision of Patent Act and Trademark Act in 2015 (Parts 1, 2, 3, 4 and 5),” other revisions of the Patent Act, Design Act and Trademark Act were promulgated in 2014 and went into force in 2015. The following are a review and statistics relating to the newly introduced systems. …

Japanese Patent Litigation and Its Related Statistics – Current Environment and Future Agenda -

- Article contributed to Bimonthly Journal of “AIPPI JAPAN” Vol. 41 No. 3  2016 – Japanese Patent Litigation and Its Related Statistics  – Current Environment and Future Agenda -Introduction Excerpt from Introduction This paper analyzes, mostly from a statistical perspective, the current environment for patent litigation in Japan, together with the analysis of first instance judgments handed down …

[IP Update: Japan] Revision of Patent Act and Trademark Act in 2015 (Part 5 of 5)

The Act for the Partial Revision of the Patent Act and Other Acts that was promulgated on July 10, 2015 and came into force on April 1, 2016. This is the last article of a series which explains the key points of the revision. Revision of the employee’s invention system Revised Act Article 35(3): New option of originally ascribing …

[IP Update: Japan] Revision of Patent Act and Trademark Act in 2015 (Part 4 of 5)

The Act for the Partial Revision of the Patent Act and Other Acts that was promulgated on July 10, 2015 and came into force on April 1, 2016. This is the fourth article of a series which explains the key points of the revision. Revision of patent fees and trademark registration & renewal fees The new reduced fee schedule …

[IP Update: Japan] Revision of Patent Act and Trademark Act in 2015 (Part 3 of 5)

The Act for the Partial Revision of the Patent Act and Other Acts that was promulgated on July 10, 2015 and came into force on April 1, 2016. This is the third article of a series which explains the key points of the revision. Procedures introduced for the purpose of implementing the Patent Law Treaty (PLT) and the Singapore Treaty …

[IP Update: Japan] Revision of Patent Act and Trademark Act in 2015 (Part 2 of 5)

The Act for the Partial Revision of the Patent Act and Other Acts that was promulgated on July 10, 2015 and came into force on April 1, 2016. This is the second article of a series which explains the key points of the revision. Procedures introduced for the purpose of implementing the Patent Law Treaty (PLT) and the Singapore Treaty …

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