{"id":8819,"date":"2022-01-17T18:02:44","date_gmt":"2022-01-17T09:02:44","guid":{"rendered":"https:\/\/www.asamura.jp\/en\/?p=8819"},"modified":"2023-03-15T22:17:51","modified_gmt":"2023-03-15T13:17:51","slug":"japans-patent-law-revised-major-draft-amendments-march-11-2021","status":"publish","type":"post","link":"https:\/\/www.asamura.jp\/en1\/2022\/01\/17\/japans-patent-law-revised-major-draft-amendments-march-11-2021\/","title":{"rendered":"Japan\u2019s Patent Law Revised: Major Draft Amendments"},"content":{"rendered":"\r\n

Mar 11, 2021<\/span><\/em><\/span><\/p>\r\n

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Japan\u2019s Patent Law Revised: Major Draft Amendments<\/strong><\/span><\/em><\/span><\/h3>\r\n
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\u00a0<\/p>\r\n

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\r\nTo cope with the changes caused by Covid-19, such as the demand for digital services and remote working conditions, the Patent Law and other related laws have been revised proposing the following amendments : (1) improving procedures adopting digitization and other activities (2) reviewing the protection of rights in response to changes in corporate behavior caused by the digitization progress (3) strengthening the foundations of the intellectual property system by reviewing litigation procedures and fee structures.<\/span><\/p>\r\n

Digital transformation and other procedures in response to the spread of the new coronavirus
\r\n<\/u><\/span><\/p>\r\n

1\uff0eAppeal oral proceedings to be conducted online using a web conference system at the discretion of the chief trial examiner.
\r\n<\/span>2\uff0ePrepayment of stamps will be abolished, and all relevant patent fees can now be paid by a bank transfer (prepayment) or by credit card at the counter.
\r\n<\/span>3\uff0eSimplification of procedures for notifications of decisions on international applications for designs and trademarks, including the possibility of electronic submission instead of by post, which can be disrupted in the event of the spread of infectious diseases.
\r\n<\/span>4\uff0eExemption from payment of surcharges within a reasonable period of time will be allowed in case of delay in patent fee payment due to natural disasters or the spread of infectious diseases.<\/span><\/p>\r\n

Review of the protection of rights in response to changes in corporate behavior caused by the digitization progress<\/u><\/span><\/p>\r\n

1\uff0eTo deal with the increasing number of counterfeit goods imported for personal use, stricter controls will be implemented, such as any counterfeit goods brought or sent to Japan by post will be regarded as an infringement of trademark rights.
\r\n<\/span>2\uff0eIn order to cope with the increasing complexity of licensing of patent rights due to the development of digital technology, the consent of the non-exclusive licensee is no longer required for amendment of patent rights.
\r\n<\/span>3\uff0eThe requirements for the restoration of rights where a patent right, etc. has expired due to the expiration of a procedural period are to be relaxed.<\/span><\/p>\r\n

Strengthening the foundations of the intellectual property system<\/u><\/span><\/p>\r\n

1\uff0eIntroduction of a third-party opinion solicitation system in patent infringement litigation:
\r\n
\r\n<\/span>\u3000\u25cfThe system allows the court to solicit opinions from a wide range of third parties in patent infringement litigation, which has become increasingly complex
\r\n<\/span>\u3000\u25cfSupplementing the parties\u2019 collection of evidence to enable the court to make a decision based on a wide range of opinions in cases having significant social impact.
\r\n<\/span>\u3000\u25cfPatent attorneys are now able to respond to consultations under the third-party opinion solicitation system.<\/span><\/span><\/p>\r\n

2\uff0eTo respond to the increased burden of e2\uff0examination and the digitalization of procedures, the patent fee structure has been revised to ensure the right balance between the revenue and expenditure.<\/span><\/p>\r\n

3\uff0eRevision of the Patent Attorney System:<\/span><\/p>\r\n

\u3000\u25cfAddition of agriculture, forestry and fisheries to the list of intellectual property work which can be performed by a patent attorney
\r\n<\/span>\u3000\u25cfOfficial change of the corporation name to Patent Attorney Corporation
\r\n\u3000\u25cfIntroducing a new single-person corporation system<\/span>
\r\n
\r\n<\/span><\/span><\/p>\r\n

Source: \u201cOutline of partial amendment of the Japanese Patent law\u201d
\r\n<\/span>\u3000\u3000\u3000\u3000 March-2020 Japan Patent Office<\/span><\/p>\r\n

 <\/p>\r\n

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 <\/p>\r\n","protected":false},"excerpt":{"rendered":"

Mar 11, 2021 Japan\u2019s Patent Law Revised: Major Draft Amendments \u00a0 To cope with the changes caused by Covid-19, such as the demand for digital services and remote working conditions, the Patent Law and other related laws have been revised proposing the following amendments : (1) improving procedures adopting digitization and other activities (2) reviewing…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,12,14],"tags":[],"_links":{"self":[{"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/posts\/8819"}],"collection":[{"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/comments?post=8819"}],"version-history":[{"count":7,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/posts\/8819\/revisions"}],"predecessor-version":[{"id":12086,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/posts\/8819\/revisions\/12086"}],"wp:attachment":[{"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/media?parent=8819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/categories?post=8819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.asamura.jp\/en1\/wp-json\/wp\/v2\/tags?post=8819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}