Current developments in the field of Japanese patent law - Changes in law and practice and court decisions from 2020 and 2021 [in German]

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Dr. Klaus Hinkelmann, in Mitteilungen der deutschen Patentanwälte (Communication of the German Patent Attorneys), pages 265-274, 2022.

In the last two years, there have been important changes in the Japanese Patent Law (JPatG) and in patent practice (Implementing Regulations) concerning, for example, the drafting of patent claims and patent fees. In addition, there have been numerous decisions of the Intellectual Property Superior Court (IP High Court), the Tokyo and Osaka District Courts, and the Supreme Court (OGH) on patent law. The decisions discussed herein concern the calculation of damages for patent infringement based on a license analogy, inventive step, joint inventions, unauthorized extension, exceptions for experimentation and research, term extension, and license agreements.