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Patents Intellectual Property Protection Japan

Jones Day

Japanese Supreme Court: Building a System That Includes a Server Located Outside Japan Constitutes Patent Infringement

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On March 3, 2025, the Japanese Supreme Court held that building a network-based system comprised of a server located in the United States, connected via a network to user terminals in Japan, constitutes "producing a product"...more

Hogan Lovells

Japan: Supreme Court Decision — Closing a loophole for patent infringements in cross-border network systems

Hogan Lovells on

On March 3, 2025, the Supreme Court of Japan upheld the original judgment that found patent infringement in respect of the acts performed on a server located outside Japan, virtually affirming the extraterritorial application...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

McDermott Will & Emery

[Webinar] IP Focus | US Patent Law Under the New Trump Administration - February 5th, 10:00 am JST

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McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. During these sessions, a variety of speakers from McDermott’s offices in the...more

ArentFox Schiff

Global Perspective on Patenting of AI Technologies

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The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions...more

Jones Day

The Tokyo District Court Holds an Artificial Intelligence System Cannot Be an Inventor Under Japanese Patent Law

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Following similar decisions in other countries, a Japanese court held for the first time on May 16, 2024, that an inventor in the Patent Act is limited to a natural person and does not include an artificial intelligence...more

Hogan Lovells

Can an AI be a patent inventor? (Japan)

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On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed...more

Kilpatrick

Follow-up Report: Recent IP High Court Decision on Cross-Border Patent Infringement

Kilpatrick on

As reported in the previous Japan IP Watch (June 2023), a high-profile lawsuit involving a network-related invention was decided by the IP High Court....more

Procopio, Cory, Hargreaves & Savitch LLP

Greater Speed and Efficiency: Steps IP Offices Around the World Are Taking to Streamline the Patent Process

Intellectual property offices in the United States, Japan, India and Taiwan are streamlining the patent application process, seeking to make obtaining a patent easier and more cost-effective. Changes could be in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2020: Patent Prosecution Highway: The JPO and USPTO

Major patent offices around the world have long been aware of backlog and redundancy issues facing the global patent landscape.  As previously reviewed, the Patent Prosecution (PPH) program aims to accelerate examination...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2020

The October 2020 issue of Sterne Kessler's Global Patent Prosecution newsletter discusses the factors you need to consider when filing strategies to protect your innovations in Asia and reviews the benefits for using the...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - June 2020

USPTO and JPO Issue Joint Message - Yesterday, Director Andrei Iancu of the U.S. Patent and Trademark Office and Commissioner Akira Matsunaga of the Japan Patent Office issued a joint message to express the Offices' "most...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - September 2019

Use of Post-Filing Data to Support Patentability - The use of post-filing data to support patentability can be a mechanism to alleviate time pressures related to first-to-file patent regimes. However, the admissibility of...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer 2019

Direct and Indirect Infringement Claims Allowed to Proceed Against Japanese Parent that Neither Imported nor Sold Allegedly Infringing Cellphones in the US - Semcon IP Inc. v. Kyocera Corp., US District Court for the...more

White & Case LLP

JFTC Market Research on Know-How and IP subject to Abuse of Superior Bargaining Position under the Anti-Monopoly Act

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The Japan Fair Trade Commission ("JFTC") periodically conducts market research to review and investigate business activities that may violate abuse of superior bargaining position ("ASBP") regulations. For the first time in...more

Morgan Lewis

Recent Japanese IP High Court Ruling May Increase Future Patent Damages Awards

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A grand panel of the Japanese Intellectual Property High Court recently clarified the criteria for calculating damages awards in Japanese patent infringement cases in a manner that is favorable to plaintiff patentees. This...more

Morgan Lewis

Japan’s 2019 Patent Law Aims to Strengthen the Patent Litigation System

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The Japanese Patent Office is trying to strengthen its patent litigation system, with 2019 revisions to the Japanese Patent Act recently approved by the Japanese Diet. With this reform now written into law, Japan could be on...more

Hogan Lovells

Patents - Patent litigation - Japan

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In Japan, the Intellectual Property High Court (IPHC) established in 2005 has jurisdiction to handle intellectual property cases as second instance, and registered IP cases appealed against trial decisions of the Japan Patent...more

Orrick, Herrington & Sutcliffe LLP

Japan SEP Licensing Guide Also Aims To Prevent Abuse

Law360 recently published an article by David Kappos , former director of the U.S. Patent and Trademark Office, describing and analyzing the Japan Patent Office’s final draft of its "Guide to Licensing Negotiations Involving...more

Hogan Lovells

Japan: Nikkei interviews Theodore Essex – ITC puts weight on the actual situation of patentees

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Last month, Nikkei interviewed Senior Counsel Theodore (Ted) Essex on the importance of The United States International Trade Commission (“ITC”) for Japanese companies....more

Jones Day

Japan Legal Update - Volume 36 | May 2018

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Intellectual Property - JPO Launches its Advisory Opinion System to Determine Standard-Essential Patents - On April 1, 2018, the Japan Patent Office ("JPO") began operation of an advisory opinion (hantei) system to...more

Hogan Lovells

Generic drugs taking hold in the Asian marketplace: STAT News interview

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Aging populations and rising healthcare costs across Asia — particularly in Japan — have created new market opportunities for generic drug makers operating in the region. For originator drug manufacturers, that means...more

McAfee & Taft

Saving grace

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One of the benefits of a patent under the U.S. system is, for a limited time, the patent owner gets the exclusive right to manufacture, use and sell the invention. The public policy behind this is to create an incentive for...more

Foley & Lardner LLP

Improving Patent Quality With International Collaborative Search Pilot Programs

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The USPTO has launched two new programs aimed at improving patent quality by joining forces with the Japanese Patent Office (JPO) or the Korean Intellectual Property Office (KIPO) at the initial stages of the patent...more

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