Category: blog

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    Episode 13 There is a debate about whether or not applied art should be subject to overlapping application of design rights and copyright. The conventional view was that for applied art to be protected as a work of authorship, it was not enough for the expression to be recognized as creative, but that it also…

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    Episode 12 In Episode 11, we explained about designs based on functional beauty. In this case, if an item that is the subject of a design registration focuses on its function, it becomes the subject of a utility model registration. In the United States, both designs and utility models are incorporated into the patent system…

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    Episode 11 The Design Law stipulates “In this law, ‘design’ refers to the shape of an object, the shape of a building or a picture that evokes a feeling of beauty through the visual sense.” (Article 2, paragraph 1 of the same law) .What is this “sense of beauty”? First, there is the traditional decorative…

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    Episode 10 In episode 9, we explained about trademark registration applications, but this time we will explain about appeals. Even if you file a patent, design, or trademark application and receive a decision of refusal, you can request an appeal against the decision of refusal. In appeals against decisions of refusal, approximately 70% of requests…

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    Episode 9 In recent years, the number of trademark registration applications has been on the rise, with approximately 60% of applications being filed by individuals and small and medium-sized enterprises. However, the number of unregistered cases after registration assessment is also increasing. Furthermore, approximately 80% of claims are successful in non-use cancellation trials (Article 50…

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    Episode 8 Continuing from episode 7, we will explain the descriptions in patent specifications. When preparing a patent specification, a patent attorney or patent engineer may add new information to the proposal prepared by the inventor, pretending to know the information. Case 2 (Maxacalcitol case) in “Regarding the technical scope of patented inventions and their…

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    Episode 7 When preparing a patent specification, whether or not “effects of the invention” should be described. If so, should it be written in the [effects of the invention] column or in the “mode for carrying out the invention” column? There are lawyers and patent attorneys who are debating whether it should be done(https://jpaa-patent.info/patent/viewPdf/3240).  However,…

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    Episode 6 In Japan, the number of intellectual property lawsuits, including patent infringement lawsuits, is extremely low compared to other countries, and the success rate of patent holders in patent infringement lawsuits is lower than in other countries (https://www.kantei.go.jp/jp/singi/titeki2/tyousakai/kensho_hyoka_kikaku/tf_chiizai/dai3/sankousiryou03.pdf). Due to this, a phenomenon called “Japan Passing” is occurring. This means that the number of…

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    Episode 5 Continuing from Episode 4, we will explain the protection of intellectual property rights under various laws. Software (computer program) algorithms are protected by patent law, and algorithms are represented in flowcharts. When exercising rights regarding a program invention, the invention must be compared with the subject invention according to the flowchart, and the…

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    Episode 4 As explained in [Characteristics of our Firm], intellectual property rights are protected by various laws.Among these, copyright is such that “the enjoyment and exercise of the right does not require any form of performance” (Article 5, Paragraph 2 of the Berne Convention). Japan is a member of the Berne Union, and “if there…