The April 1, 2005 establishment of the Intellectual Property High Court of Japan is another landmark development in Japan's shift to a pro-patent policy which will greatly strengthen IP rights in Japan.

John A. Tessensohn and Shusaku Yamamoto

As of April 1, 2005, Japan's Utility Model system will undergo user-friendly changes to improve its appeal to those seeking early and effective IP protection.

John A. Tessensohn and Shusaku Yamamoto

A recent settlement in a dispute over inventor compensation together with certain statutory amendments in Japan's patent law and the judicial trend to capping inventor's awards to a percentage of the company's profits are welcomed by Japanese industry. However, certain remaining ambiguities in the new statutory language may lead to future litigation.

John A. Tessensohn and Shusaku Yamamoto

While there are some positive commercial results from the blossoming Japanese university-industry collaboration efforts, recent inventor/employee compensation patent litigation decisions may have an unsettling effect on the considerations of potential licensing & research partners in future Japanese university-industry collaborations.

John A. Tessensohn and Shusaku Yamamoto

In Japanese patent litigation, one must remember Sun Tzu's Art of War, which counselled: "those who do not use local guides are unable to obtain the advantages of the ground." Retaining capable and aggressive Japanese patent litigation counsel will obtain advantages for a company to achieve its business goals in Japan.

John A. Tessensohn and Shusaku Yamamoto

As of January 1, 2004 Japan will abolish its opposition system and broaden the scope of an existing Invalidation Appeal procedure at the JPO and such new procedure system is likely to be more effective in the quicker resolution of patent disputes in Japan.

John A. Tessensohn and Shusaku Yamamoto

The ability to harness scientific breakthroughs through the establishment of patent rights is fundamental to the competitiveness of the world's biotechnology industry. Recently, Japan witnessed a pair of landmark patent developments that will affect the biotechnology industry in Japan - the world's second largest modern economy. This article discusses these developments and summarizes Japanese Patent Office's position on reach-through claims of so-called research tool patents thereby providing important signposts on the scope of patentable biotechnology inventions in Japan.

John A. Tessensohn and Shusaku Yamamoto