Shusaku Yamamoto

Patent term extensions for biologic innovators in Japan

The Japanese Intellectual Property High Court recently issued two decisions that bolster the market exclusivity period for brand biologic manufacturers.

Accelerated patent examination procedures spur Japanese university innovation

Two recent events--the issuance of the worlds first patent for induced pluripotent stem cells and, under a pilot system, the issuance of the fastest patent ever granted--signal a watershed in Japanese academias transition from gown to town.

Three-dimensional cola bottle shape distinctive on the evidence

Japans Intellectual Property High Court (IPHCJ) held that as long as a three-dimensional shape gives a strong impression to consumers, even if letters are affixed to it, that shape is capable of distinguishing the trade mark owners goods from others.

Intellectual Property High Court of Japan denies registration of trade mark for market leading multi-million dollar beer product on non-distinctive grounds

The Intellectual Property High Court of Japans (IPHCJ) recent Honnama trade mark decision illustrates the difficulties of registering an inherently non-distinctive mark and the perils of relying on secondary meaning evidence of use that is not identical with the mark in the trade mark application.

Enthusiasm Curbed: A Japanese View of Biotechnology Reach-Through Claims

This article examines Japanese legal position on the scope of research tool patents, focusing on their patentability and enforceability. It also shows that the Japanese patentability position on such reach-through claims is consistent with that of the United States and Europe. As to enforcement, the Supreme Court in Japan and some lower United States District Court decisions appear to take a dim view on the asserted expansive scope of such reach-through patent claims.