NEWS

Dec.25 2018International conferences

The APAA annual meeting 2018 in New Delhi, India

Tomoyuki Serizawa of Shin-Ei firm will attend the Asian Patent Attorneys Association (APAA) annual meeting 2018 in New Delhi, India on November 17-21, 2018. Should you wish to schedule a meeting with Shin-Ei firm and NGB, send us email to our general email address.

Dec.25 2018IP news (Patent)

The Extension of Grace Period for the exceptions to the loss of novelty

The provision under Article 30 of the Reformed Patent Law, which was issued on May 30, 2018, became effective on June 9, 2018. As a result, the grace period for the exceptions to the loss of novelty under Article 30 has been extended from six months to one year. This one year grace period is applied to patent applications filed on or after June 9, 2018. On the other hand, this one year grace period is not applied to inventions disclosed on or before December 8, 2017 even if the patent applications are filed on or after June 9, 2018.

For more information:
https://www.jpo.go.jp/tetuzuki_e/t_tokkyo_e/e_pae_paa30.htm

Dec.25 2018International conferences

Shin-Ei firm attended the INTA annual meeting 2018

Hidetsugu Kanayama of Shin-Ei firm attended the International Trademark Association (INTA) annual meeting 2018 in Seattle, USA, on May 19-23, 2018. The INTA is one of the biggest global international conferences for intellectual properties (especially, trademarks) where over 10,000 IP professionals from all over the world attend.

Dec.25 2018IP news (Trademark)

Trial decision on the similarity of misspelling trademark

In January 2018, the trial decision that dictionary trademark and coined-term trademark (misspelling trademark) are not only phonetically but also conceptually similar was issued.

For more information: Appeal No. 2017-009439

Dec.25 2018IP news (Trademark)

Afghanistan joined the Madrid Protocol

On March 26 2018, Afghanistan has joined the Madrid Protocol. As a result, the number of Madrid Protocol member states has reached 101 countries.

Dec.25 2018IP news (Patent)

Expert Opinion for Standard Essential Patents (SEPs)

The JPO has launched its expert opinion for standard essential patents (SEPs). As can be seen from the patent litigation between Apple Inc. and Samsung Electronics Co., whether or not a subject patent is a SEP is becoming one of important factors that affect the patent enforcement or patent license fees. Especially, regarding patents directed to the 5th generation (5G) mobile communication system and autonomous driving technologies, it is considered that whether the patents are SEPs or not will greatly affect the future patent strategies of Tech companies.

For more information:
https://www.jpo.go.jp/torikumi_e/t_torikumi_e/hantei_hyojun_e.htm

Dec.25 2018IP news (Trademark)

Japanese Trademark Rule about Main Paragraph of Article 3 Reformed

In April 2018, Japanese Trademark Rule was reformed. This reform changes the rule about the main paragraph of Article 3.
After this reform, all subclasses which are given to designated goods/services are counted, but the threshold amount was changed from 7 to 22.

Dec.25 2018IP news

The JPO has published its status report 2018

The JPO has published its status report 2018. According to this report, the number of newly-filed patent applications was 318,479 in 2017, which indicates that the decline in the number of newly-filed patent applications has been stopped.

For more information:
https://www.jpo.go.jp/english/reference_room/statusreport/status2018_e.htm

Dec.25 2018IP news

Patent Administrative Annual Report 2017 published by JPO

The JPO has published its patent administrative annual report 2017. Summaries of the report are as follows.

  • Rate of the number of decisions to grant with respect to the number of requests for examination (191,000/240,000) was about 79% in 2016.
  • In Trial for Invalidation, Rate of the number of invalidation decisions with respect to the number of all final decisions (56/223) was about 25% in 2016, jumped from 17% in 2015.
  • In the new Opposition System, come into effect from April 2015, the rate of the number of decisions to revoke patent with respect to the number of all final decisions (55/707) was about 7% in 2016.
  • The period from Request for Examination to First Action on the merit, including Notice of Allowance, was about 9.5 months on average in 2016. Average period of Appeal Proceeding against Decision of Refusal was about 13.1 months, while Average Period in Opposition was about 5.8 months in 2016.
  • In recent years, the rate of the number of newly-filed patent applications without being represented by patent attorneys with respect to the number of all newly-filed patent applications was in a range of about 7% to 8%. Meanwhile, it was about 39% in newly-filed trademark applications, and it was about 27% in newly-filed design patent applications.

For more information:
https://www.jpo.go.jp/shiryou/toushin/nenji/nenpou2017/toukei/all.pdf

Dec.25 2018Awards

Tomoyuki Serizawa recommended by Global Law Experts

We are proud to announce that Tomoyuki Serizawa has been recommended by the Global Law Experts (GLE) as exclusive international patent law positon in Japan. Shin-Ei firm has been also recommended by GLE.