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Fall/Winter 1998-1999

SHUSAKU YAMAMOTO is glad to present its eighth issue of I.P. Japan. This issue will brief the landmark Supreme Court decision adopting the Doctrine of Equivalents in Japanese patent infringement law & critically discuss its impact on prosecution practice. This issue will also relate the positive new pro-owner highlights of the new Design Law that will come into effect in January 1, 1999. It will also describe the certain proposed changes to Japanese Patent Law affecting infringement damage awards, criminal patent infringement & annuity issues. The issue will outline the new JPO policy for expedited examination of trademark applications & the features of the trademark reclassification of goods for future trademark renewal applications. Finally, it will highlight the new JPO Guidelines on correction on patented specification that will be of some use to owners of Japanese patents. We are confident that this issue of I.P. Japan will be of great interest to our clients & associates.

Issue Highlights

Japan Supreme Court Adopts Doctrine of Equivalents
  • Element by Element Analysis
  • File Wrapper Estoppel is Recognized
Important Developments
  • Design Law Overhaul Will Come Into Effect in 1999
  • New Patent Law Provisions Will Come Into Effect in 1999
  • Expedited Examination For Trademark Applications
  • Trademark Reclassification For Renewed Registrations
  • New Positive Patent Correction Guidelines

In This Issue

The Doctrine of Equivalents Is Alive
Supreme Court Decision
Equivalents Criteria
File Wrapper Estoppel
Express Use of Equivalents
Proposed Amendments to Design Law
Protection For System Design
Better Enforcement of Design Rights
Patent Law Amendments
Expedited Examination For Trademark Applications
Reclassification of Goods For Renewed Trademark Registrations
Correction of Granted Patent Claims

I.P. Japan is only intended to highlight issues and not to provide legal advice. Should you have any questions on issues reported here or on other aspects of Japanese IP matters, please get in touch with us. If you wish to obtain past issues of I.P. Japan, please let us know. We also welcome any comments or suggestions on I.P. Japan.

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