JPO Launches Its Advisory Opinion System To Determine Standard-Essential Patents

On April 1, 2018, the Japan Patent Office ("JPO") began operation of an advisory opinion (hantei) system to judge whether a patent is a standard-essential patent ("Operation"). The advisory opinion system is an existing system under which, pursuant to Article 71 of the Patent Act, the JPO will issue an official opinion on whether certain products or methods infringe particular patents in response to a petition made by an interested party. This opinion, however, is not legally binding.

Recently, the spread of new services via the internet and the development of new technologies such as the internet of things and autonomous driving have increased the need for various types of businesses, including product manufacturers and service providers, to utilize standards (especially telecommunications standards).