In recent years, there have been important changes in Japanese patent law (JPatG) and patent practice (implementing regulations) with regard to, for example, the drafting of patent claims and patent fees. In addition, there have been numerous decisions by the Intellectual Property High Court (IP High Court) and the district courts in Tokyo and Osaka. The decisions discussed here concern indirect patent infringement, the interpretation of patent claims, the enforceability of a Japanese patent in the event of partial infringement abroad, the clarity of a product-by-process claim, the guarantee of a fair trial, the transfer of patent rights, patent infringement in the case of a system invention, insufficient patent description, patent infringement through recycling, and obvious prior use.
