11 January 2022

How has Japanese patent litigation been reformed

In the past, Japanese patent litigations were notorious for being slow, having narrow claim interpretation, awarding low damages, having poor evidence of collection procedures and a low winning rate.

“Cases and Materials on Patent Law” (second edition, Adelman et al, 2003) says: “No country’s patent system has received more criticism than that of Japan. Among the chief complaints is that the courts award patent claims with an extremely narrow scope, and that the Doctrine of Equivalents does not exist at all.”

“Global Patent Litigation: How and Where to Win”, (third edition, Gramenopoulos et al, 2019) says that the winning rate of patentees from 2006 to 2016 was 24% in Japan, ranked second from bottom out of the 10 countries measured.

However, Japanese patent litigation has been reformed and is transformed in order to be more convenient for patentees than ever before.

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