Upcoming changes to Japanese Patent Law

An act to partially revise the Japanese Patent Act has been passed into law but has not yet come into effect. The revision of the Japanese Patent Act is to “enhance relief measures” and to introduce a new opposition system for Japanese patents. Under the revised law anybody will be able to oppose a Japanese patent within 6 months of the date of publication of grant. The new opposition system in Japan will be entirely based on documents. The Japanese Patent Office will re-examine the opposed patent based on any materials filed by the opponent of the patent and may also perform a further search based on materials filed by the opponent. If the Japanese Patent Office concludes that the patent should be cancelled the owner will have an opportunity to comment and/or make amendments. The enhanced relief measures are seemingly to provide potential relief for missing the deadline for requesting examination and also for claiming priority. However, it is not clear at this point how effective the new measures will prove to be. The new provisions are expected to come into effect from 1 April 2015.

If you have any questions concerning this change in law, please get in touch with your usual contact at Swindell & Pearson Ltd or Ian Whiley at [email protected]. Ian is active in Derby and Nottingham.