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2006.07.18
Recent Major Amendments to Japanese Industrial Property Laws(2002)
IV. 2002 Amendments
1. Clarification of Definitions of “Performance of Invention” – Patent (Utility Model, Design)
- Purpose: Protection of intangible information goods such as computer program.
- Outline: Clarification of “performance of invention” which includes providing computer program etc. through telecommunications networks.
2. Expansion of Acts Deemed to be Infringement – Patent (Utility Model, Design)
- Purpose: Appropriate regulation of preliminary acts which are highly likely to lead to patent infringement.
- Outline: Performers’ subjectivity has been added as a new requirement; meanwhile objective requirements have been relaxed following the Western example.
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(Acts deemed to be infringement) 101. —- The following acts shall be deemed to be an infringement of a patent right or exclusive license: (i) in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or importing or offering for assignment, etc. of, in the course of trade, things to be used exclusively for the manufacture of the product; (ii) in the case of a patent for an invention of product, acts of manufacturing, assigning, etc., or importing or offering for assignment, etc. of, in the course of trade, articles to be used for the manufacture of the product (excluding those which are generally distributed in Japan) and indispensable for solving the problems through the invention concerned, knowing that the invention is a patented invention and that the articles are to be used for the working of the invention. (iii) in the case of a patent for an invention of a process, acts of manufacturing, assigning, etc., or importing or offering for assignment, etc. of, in the course of trade, things to be used exclusively for the working of such invention. (iv) in the case of a patent for an invention of a process, acts of manufacturing, assigning, etc., or importing or offering for assignment, etc. of, in the course of trade, articles to be used for the use of such process (excluding those which are generally distributed in Japan) and indispensable for solving the problems through the invention concerned, knowing that the invention is a patented invention and that the articles are to be used for the working of the invention. (C)Copyright:2006 AIPPI JAPAN |
3. Clarification of Definitions of “Use with respect to Mark” – Trademark
- Purpose: Protection of trademarks used in network business.
- Outline: Clarification of “use with respect to mark” which includes use of marks when distributing products, providing services, and advertising via telecommunications networks.
4. Introduction of Prior Art Documents Disclosure System – Patent
- Purpose: Efficient use of prior art document information owned by applicants.
- Outline: When a patent applicant is aware of a prior invention relating to his invention at the time of filing a patent application, the sources of information on the invention such as the title of the publication where he discovered it, should be disclosed. Default of this duty can be grounds for rejection, but not grounds for invalidation.
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(Applications for patent) (4) The detailed explanation of the invention under the preceding subsection (iii) shall comply with the following: (5) – (7) (Omitted) (C)Copyright:2006 AIPPI JAPAN |
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