Japan shows patent friendly scenes

October 14, 2010

The Intellectual Property High Court (IPHC) in Japan shows patent friendly attitude as follows.
On the other hand, the Japan Patent Office has reduced its backlog due to the recent reduction
of number of patent applications.

Now, it is the right time to increase the patent applications before the Japan Patent Office (JPO).  

1. The recent opinion of IPHC

(1) Inventive step
    The IPHC shows strict attitude on Japan Patent Office especially regarding "Hindsight".

See below for more detail

(2) Patent eligibility
    The IPHC shows relaxed attitude on patent applicants.
    Examle1. Dental restoration system case 
    (IPHC Case No. 2007 (ghô-ke) 10369 on June 24, 2008)
    Example2. Bilingual dictionary case
    (IPHC Case No. 2008 (ghô-ke) 10001 on August 26, 2008 ) 

2. Revision of JPO Examination guideline

New guidelines shows that following inventions are eligible subject matter. 
"Medicaments with a new dosage regimen" 
"Methods for gathering data from the human body for assisting the conclusive diagnosis"

See below for more detail

Note; Grant procedure of the JPO and courts
i)  Refusal decision in Examination of JPO
ii) Board of appeal in JPO (1st appeal)
iii) IPHC (2nd appeal)
iv) Supreme Court (3rd/final appeal)

See below for more detail

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