Japan – Patent law in the Asia Pacific region

Patent laws in the region vary in their effectiveness. Regulations across jurisdictions to crack down on infringers are in a constant state of renewal and revision in order to stay ahead of those who steal intellectual property. Keeping the trolls at bay depends on staying abreast of regional developments in patent law

JAPAN

For various reasons, Japan has been known as a unique country that has seen much less active patent litigation activity by patent trolls despite the wide variety of cutting-edge electronics and computer businesses within Japanese corporations. The same can also be found happening to pharmaceutical patents too. However, PAEs (patent asserting entities), also known as “patent trolls”, do not easily give up on chasing Japanese corporations.

It is apparent that PAEs are aware of some of the difficulties in undertaking patent infringement actions in Japan due to the procedural characteristics of Japanese civil procedure under the Civil Procedure Code and the Patent Act.

In Japan, even a complaint needs to specify the patentee’s assertion and causes in detail, in comparison with the practice in the US. The complaint needs to contain at least a specification of the subject product/method infringing the patent, with a precise explanation of the technical application and legal interpretation. Some basic written evidence must also follow such content of the complaint.