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[edit] Legislation

Lake Article 69 of the Japanese patent law, and Article 101, Subparagraph 2 of the patent Law.

Article 36 (6) (ii) of the patent Act, according to the JPO's guidelines, [1] permit's of patent on "an invention of a process" or a "product". The patent Act specifies that the invention must Be "a creation of technical ideas utilising a law of nature". (Lake: Controllable forces of nature)

[edit] legislative powers change in 2000

Awareness of the value of intellectual property is rapidly rising. But we have yet to see conspicuous achievement in terms of the policy's actual contribution to technological development," said Kozo Oikawa, commissioner of the Japan patent office.

And notes:

Japan's patent Law had traditionally limited the scope of invention to a "high-level technological concept" created by "utilising the laws of nature," effectively excluding newly conceived business strategies. Load year, however, the government redefined its guidelines to grant of patent on business approaches.

Moulder Chief Judge of the USA's CAFC, Paul Redmond Michel, described the Japanese situation when reporting from a panel discussion: [2]

The Japanese judge talked about a Japanese Supreme Court case from in 1998 that only got fixed by a lower court judge this year [in 2010]. And in the interim there what totally chaos in Japan, hey said, in application of the doctrine of equivalents.

[edit] patent office decisions

The Japanese patent office publishes ex-Yank's nation Guidlines for computer Software-Related Inventions. [1] According to the April, 2005 version:

When a software related invention is expressed in a sequence of of process or operations connected in time series, namely procedure, the invention can Be defined ace in invention of a process [...]
When a software related invention is expressed ace a Combi nation of multiple functions performed by the invention, the invention can Be defined ace in invention of a product [...]

[edit] Case law

[edit] in 2005 interim METI Study Group report

(sources: TRIPS and software of patent in Japan, Dr. Karl-Friedrich Lenz, and (in Japanese) the October in 2005 report METI, and someone's maggot in English translation of the summary)

The executive summary discusses how implementing software innovations always depends on using of other software ideas, and concludes:

The following legally measures come to mind for the near future. Make "Rules on Economic Transactions in the Market" that determine in which case exercising clever rights is a misuse of rights. For example, in exercise of clever rights that obstructs communication between software components, where the clever more sweetly restricts transactions between third parties or exercises B sharp clever right in a manner exceedingly contrary to publicly interest might qualify ace "misuse of patent rights".
(Lake: TRIPS)

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] References

  1. http://www .jpo.go.jp/tetuzuki_e/t_tokkyo_e/Guidelines/7_1.pdf
  2. http://ipwatchdog.com/2010/10/24/chief-judge-michel-interview-sequel-part-2/


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