Foreign Statements Weighed for Estoppel by Japan’s IP High Court

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In a possibly consequential decision, the IP High Court overturned the Tokyo District Court’s infringement case decision against Debiopharm International S.A., judging that plaintiff Nichi-Iko’s patent No. 4430229 was not infringed. What was important about the decision was that the…
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JASRAC Faces Criticism for New Copyright Claims Against Music Schools

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The Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) is known for being strict, even (some would say) overbearing with those who perform music that is covered by their copyrighting policies. JASRAC recently announced plans to charge 2.5%…
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JPO Expands Patent Prosecution Highway (PPH) Connections with South America

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The Japan Patent Office (JPO) continues to expand its Patent Prosecution Highway (PPH) network with pilot programs initiated with the National Institutes of Industrial Property (INPI) of Brazil and Argentina, respectively, from April 1, 2017. The JPO plans to start…
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Strategy for Requesting Late Filing (Reinstatement) of a Patent Application in Japan

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When a patent application one wanted to file in Japan is filed late, how can the applicant win approval for late filing (Reinstatement)? They may file a Request for Reinstatement. In Due Care and Late Filing (Reinstatement) of an Application…
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Due Care and Late Filing (Reinstatement) of an Application in Japan

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Is it possible to reinstate a lapsed application in Japan? This is a question we are asked frequently at Keisen. The short answer is, Yes! It certainly is possible. The longer answer is that, although it is possible, the standards…
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Patent Application Grace Periods: Non-Japanese Inventors, Prior Disclosure, and Protecting Rights in Japan

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What If I Disclose My Invention Before Applying for Patent Rights? Patent applications have to be filed before a prior art disclosure in Japan. But what if the disclosure is the inventor’s own? Can he lose novelty against his own…
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New Chief Judge of the IP High Court Installed

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Presiding Judge Misao Shimizu of Japan’s Intellectual Property High Court became its sixth presiding Chief Judge in January 2017. The Hon. Shimizu’s Inaugural Remarks are available on the IP High Court’s website.[1] Japan instituted the IP High Court, connected to…
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Post Issuance Proceedings in Japan (Presentation)

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The options and implications for post-issuance/grant proceedings and oppositions in Japan can be complicated, and you will need to take various factors into consideration. Our presentation gives you background and ideas for protecting or challenging issued patents. We would be…
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