Japan Patent Office (JPO) published an annual report on July 12 2019. According to the report, 313,567 patent applications were filed in Japan in 2018. And, 253,000 patent applications among them were filed by domestic applicants. It slightly decreased than last year. As you may know, Japanese companies have been reducing investment in Japanese patents. However, my more serious concern is that they have been not increasing investment in patenting in foreign countries either, while increasing foreign sales. The chart shows the transition of foreign patent filing number and the foreign sales of Japanese companies. In fact, Japanese companies have not increased investment in intellectual properties, despite the increasing importance of […]

JPO’s SEP advisory opinion service has been updated for cases received on or after July 1 2019. This service started from April 2018, to provide a JPO’s non-binding opinion on whether a particular patent is a standard essential patent (SEP). We covered this service in the previous article here. The changes in the user’s guide include the following. User can demand an opinion that a particular patent is NOT a standard essential patent. User can use this service not only for licensing negotiations, but also for the negotiations in patent trade, business transfer involving patent transfer, and creation of security interest in patents. It explicitly describes that, even when JPO provides a […]

We are delighted to announce the partnership with IPwe to introduce their unique patent transaction platform to Japan. IPwe created the first platform for the world’s patent ecosystem, connecting buyers and sellers of patents and patent-related services, creating a tradable asset. IPwe leverages the power of artificial intelligence (AI), data mining, predictive analytics and blockchain to unlock global patent value.  Please contact us for more information. 

On June 7 2019, Japan Intellectual Property High Court ruled standard for calculating damages, especially deductible expenses, in a patent infringement case on carbonated pack cosmetics. Below is the summary of the decision. 1. Presumed damages Japanese patent law provides provisions to make it easier for patent holders to prove the amount of damages. One is to regard “the amount of profit earned by the infringer” as the amount of damages of the patent holder (Article 102, paragraph 2). Profit earned by the infringer Here, the court ruled that “the amount of profit earned by the infringer” is the marginal profit which is calculated by deducting “the expense which is […]

Previously on this blog, we featured a story about a fight on patent royalty between a university researcher and a licensee company. And, it suggested a problem of a talent shortage for intellectual property in the university.  Licensing Revenues of Japanese Universities When talking about licensing revenues of universities, Japanese universities are often compared with American universities. Then, Japanese universities’ low income is considered a problem. In fact, American universities earned USD 2,562 million in 2016, according to University Network for Innovation and Technology Transfer (UNITT). On the other hand, Japanese universities earned JPY 4.53 billion (about USD 41.2 million). There is a big gap between them. However, it is not simply […]

Do you think Japanese patents are difficult to use? I visited Chinese IT companies early this month. A person in charge of licensing said Japanese patents are difficult to use, as well as Korean patents. Because the specification, claims and other documents for Japanese patents are written in Japanese language, he is not sure if he understands the patent correctly. Another person from a different company explained how they handle the inventions created in their Japan office. They prepare patent documents in English to file a PCT application. So, they can review the English documents directly, not the translations. This would be not special to this company. For companies which prioritize […]

2018年にノーベル生理学・医学賞を受賞した日本人科学者の本庶佑氏が、日本の製薬会社である小野薬品工業と特許使用料をめぐって争っています。背景 報道によれば、2006年に、本庶氏と小野薬品工業は、がん治療薬「オプジーボ」（一般名：ニボルマブ）に応用されたPD-1に関する特許のライセンス契約を締結しました。しかし、オプジーボの開発が進んでいた2011年に、本庶氏がロイヤリティの引き上げを要求しましたが、交渉は期待したようには進みませんでした。そこで、本庶氏は、2019年4月10日に、世間の支持を得るために、契約の背景や概要を公表するという手段に出ました。[…]

It is reported that a consortium called “InnovationTech Consortium” launches in Japan on April 15 2019. In this consortium, the member companies share and exchange information on technologies and know-hows that lead to new businesses. Reportedly, more than 40 Japanese companies will participate in the consortium at first, which include Toyota, All Nippon Airways, Asahi Group, ITOCHU, Takeda Pharmaceutical, Sumitomo Mitsui Banking, and Dentsu, which are all Japanese leading companies. They expect 100 companies to join the consortium by 2020. Also, they will not prevent their competitors from joining the consortium. In the consortium, a company shares a business model and/or technologies under consideration, and other companies having an interest in […]

How do you decide in which country you file a patent application? As you know, in order to obtain patent protection in multiple countries, you are required to file a patent application and obtain a patent in each country. Generally, you may choose filing countries on the basis of the existence of your business within the limits of your budgets. In addition, you may also consider potential market size, the situation of IP system of countries etc. For example, China, the U.S. and Germany are the most litigious countries and patentee friendly. The figure below, which is excerpted from the materials prepared by Michael C. Elmer for the Global IP Project, […]

On March 13 2019, Japan’s Fair Trade Commission (FTC) made a decision to cancel the exclusion order against Qualcomm which had been issued on September 28 2009 and appealed by Qualcomm on November 24 of that year. It took almost a decade! It’s too long, but Qualcomm has finally got an expected result.    The main issue was whether or not the Qualcomm’s license agreement on intellectual properties for CDMA mobile wireless communication, which includes the following provisions, possibly restrains the business activities of Japanese mobile device manufacturers and disrupts fair competition. Royalty free license of IP of the Japanese manufacturers to Qualcomm The manufacturers’ Non-assertion obligation against Qualcomm The manufacturers’ Non-assertion […]