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Expansion of Scope of Exception to Lack of Novelty of Invention

The scope of exception to lack of novelty of an invention in Japan was expanded under the revised law.

The invention that have become publicly known as a result of an act of the person having the right to obtain a patent can be protected as exception to lack of novelty (Section 30(2) of the Japanese Patent Law).

As a result, the invention that have become publicly known through forms of publication, broadcasting and telecommunications can be protected in Japan.

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2012/06/28 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

Remedial Measures for Misappropriated Applications

Under the revised law, when a patent right is granted on a misappropriated application (such as an application which is filed by a person who is not the true inventor or only a part of co-inventors), a true inventor or a rightful assignee of the invention (a person who has the right to obtain a patent) can request a person who has filed the misappropriated application to transfer the patent right (Section 74 of the Japanese Patent Law). 

Once the patent right has been transferred to the true right owner, the patent right is deemed to have been belonged to the true owner from the beginning.

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2012/06/21 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

A System of Automatic Perfection

Registration System of Non-exclusive License was abolished by the Japanese Patent Law Reform 2011.
Licensees are protected without registration.

Thus, licensees without registration can assert their licenses against transferees if a patent or an exclusive license is transferred to others.

The same kind of system was introduced for provisional non-exclusive licenses.

 

*Provisional non-exclusive license is the license which is granted for inventions when a patent application is pending.

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2012/06/06 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

JAPANESE IP LAW REFORM 2011

The “Act on Partial Revision of the Patent Act, etc.” was issued on June 8, 2011.

The amendments aim at developing systems that assure the proper protection/exploitation of IP.

Thereby achieve growth in the Japanese economy through innovation. The law will come into effect on April 1, 2012.

Outline of the Legal Amendments by the bill is as follows:
1) Review of the System of Perfection of a Non-Exclusive License, etc.

2) Development of Remedial Measures for Misappropriated Applications, etc.

3) Prohibition on Filing with the JPO a Request for a Correction Trial after Filing with the IP High Court a Lawsuit to Rescind a Trial Decision

4) Restriction on Assertions in Retrial of a Court Judgment in Patent Infringement Lawsuit

5) Development of Provisions on the Scope of a JPO Trial Decision that Has Become Final and Binding, etc.

6) Abolition of the (Double Jeopardy) Effect, on Third Parties, of a Final and Binding Trial Decision in a Patent Invalidation Trial

7) Review of Fees

8) Review of Provision on Exception to Lack of Novelty of Invention, etc.

9) Review of Relief Procedures for Applicants and Patentees

10) Abolition of Provision on Refusal of a Trademark Application within One Year from the Date of the Extinguishment of a Another Person’s Trademark Right

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2012/03/19 | Comments Closed |

Category:Japanese Patent Law Patent in Japan

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