IP Developments in Japan

Article by Mr Akihiro Ryuka and Mr Paul Smith

Introduction

The Japanese Patent Office (JPO) and congress, in combination with the courts, are making the Japanese patent system stronger and helping creative industries grow. The JPO has adopted a wider definition of patentable subject matter and program claims have now become patentable. Congress intends to rewrite the patent law to deem more acts infringement, while the courts have worked to decrease litigation time. These changes reflect a trend towards strengthening the patent system.

Program claims became patentable when the JPO examination manual was amended on January 10 2001.

Program claims are preferable to software recording medium claims. This is because when a program is sold through a network, the program patent can be enforced. By comparison, even if a program is sold over the network, if a recording medium was not sold, a software recording medium claim cannot be enforced. Therefore, it is