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Recent Developments IP practice in Japan

Nakamura & Partners E-mail:elec@nakapat.gr.jp

October, 2011AIPLA

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Applications among countries/region (2005)

3

Applications among countries/region (2006)

Applications among countries/region(2008)

5

Applications among countries/region (2009)

Issued patents among countries/region (2008)

7

Issued patents among countries/region (2009)

The number of PCT applications for each country (between 2006 and 2010)

USA

USA

JAPANJAPAN

GERMANY

GERMANY

OTHERS OTHERS

SWEDENSWISS SWEDEN

SWISSCHINA

CHINA

HOLLANDHOLLAND

UKUK

FRANCE

FRANCESOUTH KOREA

SOUTH KOREA

The number of applications filed worldwide

×10,000

Filed by foreigners

Filed by domestic residents More than 40% were filed by foreigners

×10,000

Filed by foreigners

Filed by Japanese

The number of applicationsfiled by foreigners and Japanese before JPO

The number of applicationsfiled by domestic residents and foreigners before USPTO

×10,000

Filed by foreigners

(except for Japanese)

Filed by Japanese

Filed by domestic residents

The number of applicationsfiled by domestic residents and foreigners before EPO

Filed by foreigners

(except for Japanese)

Filed by Japanese

Filed by residents in EPC countries

×10,000

The number of applicationsfiled by domestic residents and foreigners before SIPO

×10,000

Filed by foreigners

(except for Japanese)

Filed by Japanese

Filed by domestic residents

×10,000

The number of applicationsfiled by domestic residents and foreigners before KIPO

Filed by foreigners

(except for Japanese)

Filed by Japanese

Filed by domestic residents

×10,000

The number of issued patentsfor foreigners and Japanese before JPO

Issued for foreigners

Issued for Japanese

×10,000

The number of issued patentsfiled by domestic residents and foreigners before USPTO

Issued for foreigners

(except for Japanese)

Issued for Japanese

Issued for domestic residents

×10,000

The number of issued patentsfiled by domestic residents and foreigners before EPO

Issued for foreigners

(except for Japanese)

Issued for Japanese

Issued for residents in EPC countries

×10,000

The number of issued patentsfiled by domestic residents and foreigners before SIPO

Issued for foreigners

(except for Japanese)

Issued for Japanese

Issued for domestic

residents

×10,000

The number of issued patentsfiled by domestic residents and foreigners before KIPO

Issued for foreigners

(except for Japanese)

Issued for Japanese

Issued for domestic

residents

20

Utility model

The number of utility model applicationsfiled by foreigners and Japanese before JPO

Filed by foreigners

Filed by Japanese

Changes in the number of technical opinion for utility modelissued by JPO

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Design

Changes in the number of design applications filed before JPO

The number of issued design rights classified by countries in which design application were filed

SOUTH KOREA JAPAN

USA

EUROPE

CHINA

TOTAL

385,473

Issued years

Issued years

(2005-2009)

JAPAN USA EUROPE CHINA SOUTH

KOREA

TOTAL

Countries in which design applications were filed

The number of issued design rights classified by nationality of applicants of design applications

Issued years

(2006-2009)

Issued yearsTOTAL

385,433

JAPANESE

AMERICAN

EUROPEAN

OTHERS

CHINESE

SOUTH

KOREAN

NATIONALITY

Issued design rights among countries/region (2009)

28

Trademark

Issued trademark rights among countries/region (2009)

30

Others

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Grant and Appeal against Refusal (Business Model related Applications )

Cases of patentCases of appeal

Rate of patentRate of appeal

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IP (Tokyo) High Court

216

180 181 183176

141135 134

138

140

190

226

199

170

128

199

137

148140

178

0

50

100

150

200

250

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Year

Cases

New CaseDisposed Case

Material from JP High Court

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IP District Court

610

554

607635

654

579 589

496 497

527

740717

643615

696

639603

536503

469

0

100

200

300

400

500

600

700

800

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Year

Cases

New CaseDisposed Case

Material from JP High Court

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Court Decision (District Court)

2006(Total:603)9416%

11118%

29950%

6911%

305%

2007(Total:536)

469%

20037%

12323%

9818%

6913%

2008(Total:503)

9218%

286%54

11%

23146%

9819%

2009(Total:469)7416%

9420%

20543%

5111%

4510%

admitdismisssettlewithdrawother

2005 (Total:639)

29647%

8413%

9114%

416%

12720%

Material from JP High Court

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Appeal against J PO Decision

478

575

636

534 527566

494442

589

437430471

571

619

543496

443

609591

693

0

100

200

300

400

500

600

700

800

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Year

Cas

es New CaseDisposed Case

Material from JP High Court

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Court Decision (High Court)

Material from JP High Court

2005 (Total:609)

102%

15025%

8213%

5810%

30950%

2006(Total:591)8014%

32455%

71%

13022%

508%

2007(Total:543)

9418%

20.4%

32359.5%

8415%

407%

2008(Total:494)

8617%

4710%

9720%

61%

25852%

2009(Total:442)

9421%

22851%

72%

6615%

4711%

admitdismisssettlewithdrawother

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MOTIVATION

TEACH　 AWAY

OBVIOUS TO TRY

Level of Inventive Step （ present）

Inventive Step (High)

Inventive Step (Low)

JPO 1993 guideline(past)

JPO 2000 guideline(present)

USPTO (After KSR)EPO

IP High Court (past)IP High Court (past)

IP High Court (present)IP High Court (present)

USPTO (Before KSR)

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Thank you !

Takaki Nishijima Nakamura & Partners

E-mail:elec@nakapat.gr.jp