TMI Podcast - Intellectual Property in Japan

In May 2024, the Tokyo District Court ruled on the DABUS patent application, concluding that an AI cannot be recognized as an inventor under Japanese patent law.Now, in January 2025, the Intellectual Property High Court has issued its decision on the appeal. In this episode, Patent Attorney Yuya Kuroda provides an update on this important case, breaking down the court's reasoning, how it aligns with global trends, and what it means for AI-generated inventions in Japan.

In this episode, we examine the key provisions of the Japanese Patent Act, Article 102, covering the three main methods for determining damages: lost profits, the infringer's profits, and reasonable royalties. We also discuss recent legislative amendments aimed at enhancing patent protection, including the 2020 revisions, as well as significant rulings by the Intellectual Property High Court. This episode is essential listening for patent professionals and anyone interested in the evolving framework of Japanese patent litigation. We invite you to tune in and stay informed on these critical developments. - Statistics by the Intellectual Property High Court of Japan https://www.ip.courts.go.jp/vc-files/ip/2024/j_sintoukeiH26_R5.pdf - 2022(R2) (Ne) No.10024 https://www.ip.courts.go.jp/vc-files/ip/2022/Re2ne10024-zen.pdf - Japan Patent & Trademark Update Issue24 https://www.tmi.gr.jp/uploads/2023/07/24/jptu_issue24.pdf

In May 2024, the Tokyo District Court issued its first decision regarding the DABUS application in Japan, discussing whether it is permissible or not to list AI as an inventor. In this episode, Patent Attorney Yuya Kuroda dives into this landmark court decision. He'll focus on explaining the court's rationale, its alignment with international decisions, and the broader implications for AI-generated inventions. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tmiandassociates/message

Rules on multiple dependent claims depending on other multiple dependent claims vary from country to country. From April 2022, we saw quite a radical change in the examination procedure on such multiple-multiple dependent claims (also known as “MultiMulti Claims”) in Japan. In this episode, we will provide brief explanations on the recent change in the examination procedure for Multi-Multi Claims in Japan. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tmiandassociates/message

In this episode, we talk about the two systems for expediting patent examination at the JPO in Japan: Accelerated Examination, which is a Japanese local system, and PPH, which stands for Patent Protection Highway which is a global system. Specifically, we will use the available statistics to compare these two systems from two aspects. The first aspect is which system would be faster, and the second aspect is in which system it would be easier to obtain a patent. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tmiandassociates/message

This episode is part of the recent Patent Law amendments series which focuses on various aspects of recent law revisions from the viewpoint of Japanese agents. In this episode, we talk about one of the key advantages of these amendments for patent applicants, the relaxation of the requirements for reinstatement of rights in Japan. • TMI Japan Patent & Trademark Update vol. 20 https://www.tmi.gr.jp/uploads/2022/03/24/jptu_issue20.pdf#page=2 --- Send in a voice message: https://anchor.fm/tmiandassociates/message

This episode is part of the Software Patent Series which looks at things to be aware of when filing software-related patent applications in Japan. In the field of software patents, Subject Matter Eligibility can differ from country to country. In this episode, we talk about the requirements for Subject Matter Eligibility under the Japanese Patent Law. In particular, we go over the statutory definition of "invention," as well as the categories stipulated in the Examination Guidelines issued by the Japan Patent Office. Further, we explain some key points to keep in mind when drafting claims for software patents. • Examination Guidelines for Patent and Utility Model in Japan https://www.jpo.go.jp/e/system/laws/rule/guideline/patent/tukujitu_kijun/index.html • Examination Handbook for Patent and Utility Model in Japan https://www.jpo.go.jp/e/system/laws/rule/guideline/patent/handbook_shinsa/index.html --- Send in a voice message: https://anchor.fm/tmiandassociates/message

In this first episode, we are going to provide an introduction to TMI Associates and let you know some information about the intellectual property practice at our firm. Further, several of our colleagues, Hiroki Sato, Tomohiro Kuribayashi, and Yuya Kuroda, will have a brief discussion about some of TMI's strengths and unique points. --- Send in a voice message: https://anchor.fm/tmiandassociates/message