Like most other countries, Japanese patent law recognizes the absolute novelty requirement. This means that even prior publication by the inventor can be detrimental to novelty. To prevent this from becoming a trap for inventors who are inexperienced with patents, there is a grace period. If a patent application is filed for the invention before […]
As I have already reported here (http://www.kellerpatent.ch/de/s/news/news-detail/article/japan-gueltigkeit-und-schutzbereich-von-erzeugnisanspruechen-mit-verfahrensschritten.html), the Japanese Supreme Court has ruled that product-by-process claims are unclear and therefore invalid if another product definition is possible. The Japan Patent Office has now amended its examination guidelines. It has provided examples of when such claims are admissible. This concerns the criteria for when a subject
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In a product claim, the product to be patented is generally defined by its design features. However, it often happens that a product claim contains steps of the manufacturing process. The Japanese Supreme Court has now recently ruled on the admissibility and scope of protection of such claims, forcing a departure from previous practice. Teva
Validity and scope of protection of product claims with process steps Read More »
Patents that are essential for the use of an international standard, such as UMTS, can be licensed by the patent holder under FRAND conditions. However, anyone who sells products without obtaining the necessary patent licenses is committing patent infringement. The IP High Court of Tokyo now had to decide whether and to what extent damages
Damages for infringement of standard-essential Patents (SEP) Read More »