Japanese Patent Law: Cases and Comments [CRC] (eBook)

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Japanese Patent Law: Cases and Comments [CRC] (eBook)

Christopher Heath, Atsuhiro Furuta

ISBN13: 9789041194206

Published: June 2019

Publisher: Kluwer Law International

Country of Publication: The Netherlands

Format: eBook (ePub)

Price: £148.00
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This first comprehensive work in English on all aspects of Japanese patent law presents 66 cases with an expert explanatory commentary from academics, attorneys, judges and members of the Japanese Patent Office. This book deals with the whole range of Japanese patent law – requirements of patentability, inventorship and ownership issues, procedures before the Patent Office, scope of protection and interpretation of claims, enforcement and infringement procedures, patent term extensions, licensing and antitrust issues, utility models and more. Many of the cases appear in English for the first time.

Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following:

definition of an invention;
assessment of prior art, novelty and inventive step;
rights of co-inventors;
disclaimers, corrections and amendments;
scope and limits of patent protection;
distinction between repair and reconstruction;
doctrine of equivalents;
domestic and international jurisdiction in patent matters;
interim proceedings and measures;
defence of invalidity;
damage calculation;
patent term extension system; and
utility models.

Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context.

With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.

Subjects:: Intellectual Property Law, Other Jurisdictions , eBooks, Japan

Contents:: List of Authors and Editors; Preface: On Contributors and Decisions; PART I; Introduction: History and Economic Importance of the Patent System; for Japan; by Christopher Heath and Atsuhiro Furuta; PART II: REQUIREMENTS OF PATENTABILITY; Case No.; 1: Definition of an Invention – Mental Activity; Case No.; 2: Definition of an Invention – Repeatability; Case No.; 3: Novelty – Novelty Destroying Prior Application – Double Patenting; Case No.; 4: Novelty – Grace Period – Combination with Priority; Case No.; 5: Inventive Step – Problem Solution Approach and Ex Post Analysis; Case No.; 6: Inventive Step – Assessment of Prior Art; Case No.; 7: Inventive Step of New Medical Indications and Dosage Regimes; Case No.; 8: Technical Effect – Late Filed Experimental Results; Case No.; 9: Enabling Disclosure and Support; Case No.; 10: Support Requirement – Parameter Invention; Case No.; 11: Industrial Application – Medical Treatment; Case No.; 12: Priority – Added Subject Matter; PART III: INVENTORS AND INVENTORS’ RIGHTS; Case No.; 13: Rights over the Invention – Inventorship; Case No.; 14: Rights of Co-Inventors – Action by One Co-Inventor against Revocation; Case No.; 15: Rights over the Invention – Transfer of a portion of Patent Right against Misappropriation; Case No.; 16: Employees’ Inventions – Company Rules – Reasonable Remuneration; Case No.; 17: Employees’ Inventions – Reasonable Remuneration for Profits made Abroad; PART IV: PROCEDURES BEFORE THE PATENT OFFICE; Case No.; 18: Right to be Heard – Addition of Well-Known Prior Art; Case No.; 19: Right to be Heard – Right to Oral Proceedings in Invalidation Trials; Case No.; 20: Possibility of Claim Amendment before Grant; Case No.; 21: Possibility of Claim Correction after Grant; Case No.; 22: Disclaimer, Correction and Amendment; Case No.; 23: Advisory Opinion about the Technical Scope of a Patented Invention; Case No.; 24: Invalidation Trial – Ne Bis In Idem; Case No.; 25: Correction Trial – Revocation Proceedings; Case No.; 26: Scope of Cancellation Process in Court against Decision of Patent Office; Case No.; 27: Appeal to the High Court and Inventive Step Assessment; Case No.; 28: Liability of the Patent Office for Mistakes, e.g. the Omission of Registering a Pledge; PART V: THE SCOPE OF PATENT RIGHTS; 1. Rights of Exclusive Use; Case No.; 29: Exclusive Rights – Offer for Sale, Manufacture, Export; Case No.; 30: Direct and Indirect Infringement; Case No.; 31: Patent Infringement – Distinction between Repair and Reconstruction; 2. Limits of Exclusive Use; Case No.; 32: Limits of Patent Rights – National and International Exhaustion; Case No.; 33: Clinical Trials – Research Exception; Case No.; 34: Defence of Prior Use; 3. The Scope of Protection: Interpreting Patent Claims; Case No.; 35: Interpretation of Patent Claims – Interpretation with Reference to the Description; Case No.; 36: Interpretation of Patent Claims – Literal Infringement – Disclaimed Element; Case No.; 37: Interpretation of Patent Claims – Product by Process Claims; Case No.; 38: Interpretation of Patent Claims – Doctrine of Equivalents; Case No.; 39: Interpretation of Patent Claims – Doctrine of Equivalents; Case No.; 40: Interpretation of Patent Claims – Doctrine of Equivalents; PART VI: THE ENFORCEMENT OF PATENT RIGHTS; 1. Jurisdiction, Procedure and Applicable Law; Case No.; 41: National Jurisdiction – Exclusive Jurisdiction in Patent Matters; Case No.; 42: International Jurisdiction in Patent Matters; Case No.; 43: International Jurisdiction in Patent Matters – Offer on the; Case No.; 44: Arbitration Law – Separability and Arbitrability – Estoppel of Invalidity; Case No.; 45: Infringement of a US Patent and Applicable Law; Case No.; 46: International Civil Procedure, Recognition of Foreign Judgements, Punitive Damages; Case No.; 47: Discovery – Order of Documents – Defence of Secrecy; Case No.; 48: Interim Procedures and Protective Orders; 2. Defence of Invalidity; Case No.; 49: Defence of Invalidity; Case No.; 50: Patent Infringement – Defence of Invalidity; Case No.; 51: Defence of Invalidity – Correction of Patent Claim – Late Filing; 3. Remedies; Case No.; 52: Injunctive Relief – Exception for Standard Essential Patents; Case No.; 53: Scope of Injunctive Relief – Method Patent; Case No.; 54: Damage Calculation – Presumption of Damages; Case No.; 55: Damage Calculation – Presumption of Damages; 4. Wrongful Enforcement; Case No.; 56: Threats – Warning Letter alleging Patent Infringement – Standard of Liability; Case No.; 57: Re-Trial due to Revocation after Successful Infringement Suit; PART VII: SPECIFIC ISSUES; 1. Patent Extensions; Case No.; 58: Requirements for a Patent Term Extension of Pharmaceutical Patents; Case No.; 59: Requirements for a Patent Term Extension of Pharmaceutical Patents – Second Marketing Approval for the Same Patent; Case No.; 60: Scope of Extended Patent; 2. Licensing and Antitrust; Case No.; 61: Exclusive Registered Licensee – Standing to Sue; Case No.; 62: Licensing Agreement – Patent Subsequently Reduced in Scope; Case No.; 63: Licensing Agreement over Foreign Patent – Royalties not Taxable in Japan; Case No.; 64: Antimonopoly Act – Patent Licensing Agreement – Vertical Restraints – Maximum Output Restriction; Case No.; 65: Patent Pools, Refusal to License and Abuse of a Dominant Position; 3. Utility Models; Case No.; 66: Utility Model – Technical Assessment Report; Index of Japanese Decisions in Chronological Order; Alphabetical Keyword Index