#7: Calculation of Damages under Japanese Patent Law

#10_Patent News in Japan: 2025

In this episode, we highlight several important developments in Japanese patent law during 2025. Topics include the Japanese Supreme Court’s landmark Dwango decisions addressing cross-border patent infringement involving overseas servers, the record-breaking damages award in the Toray pharmaceutical case, and the IP High Court’s ruling in the DABUS case confirming that AI cannot be recognized as an inventor under current law. We also review recent statistics from the Japan Patent Office, including examination speed and filing trends. Together, these developments provide useful insight into the current direction of Japan’s patent system.   Sources - Breaking News: Supreme Court Ruling in DWANGO v. FC2 Case - Network-Related Inventions and Territoriality https://www.tmi.gr.jp/eyes/blog/2025/16822.html [https://www.tmi.gr.jp/eyes/blog/2025/16822.html] - Mr. Yuya KURODA https://www.tmi.gr.jp/people/y-kuroda.html [https://www.tmi.gr.jp/people/y-kuroda.html]

#9: First Filing Obligation in Japan

In this episode, we focus on Japan’s new First Filing Obligation, introduced in May 2024 as part of the broader Non-Disclosure System for Patent Applications. This obligation prohibits certain inventions made in Japan from being filed abroad before filing in Japan, especially if they relate to sensitive technologies. We explain the background of this new rule, the types of inventions it covers, and the steps foreign companies and inventors should take to comply. We also compare the two available routes — domestic filing and prior confirmation — and discuss practical strategies for securing foreign patent rights without delay.

#8: AI as Inventor: IP High Court Decision on the DABUS Application

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.

#7: Calculation of Damages under Japanese Patent Law

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 from the Intellectual Property High Court of Japan https://www.ip.courts.go.jp/vc-files/ip/2024/j_sintoukeiH26_R5.pdf - Case No. 2022(R2) (Ne) 10024 https://www.ip.courts.go.jp/vc-files/ip/2022/Re2ne10024-zen.pdf - Japan Patent & Trademark Update Issue 24 https://www.tmi.gr.jp/uploads/2023/07/24/jptu_issue24.pdf - Ms. Moeha HOSONUMA https://www.tmi.gr.jp/people/m-hosonuma.html - Mr. Yuya KURODA https://www.tmi.gr.jp/people/y-kuroda.html

#6: AI as Inventor: Tokyo District Court Decision on the DABUS Application

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.