- Article contributed to Bimonthly Journal of “AIPPI JAPAN” Vol. 41 No. 3 2016 –
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 by the Tokyo District Court and the Osaka District Court in 2014, made by the author based on various reports and data published by the JPO. This paper also describes the pending issues based on the latest reports by the Intellectual Property Policy Headquarters, which was established in the Cabinet Office, and refers to a possible direction for future legal reforms.
2. Analysis of the reasons why the number of patent infringement lawsuits is small in Japan based on a comparison between statistics and the reality
(1) Is it difficult to obtain an easily enforceable patent right? — the grant rate of patent applications and the rate of successful requests for patent invalidation
(2) Patentee’s risk of losing a patent infringement lawsuit — success rate and settlement, reasons for losing
(3) Is the amount of damages low in Japan? — Remedies including injunction for patent infringement
(4) Are the costs for patent litigation high in Japan?
(5) Do Japanese people tend to avoid litigation?
3. Future of Patent Litigation in Japan
(*A PDF copy is available here by courtesy of AIPPI JAPAN)