SOFTWARE PATENTS
AN IMPORTANT MARKET: SOFTWARE PATENTING IN JAPAN
Developing a robust international patent prosecution strategy is essential in today’s global economy, and Japan is a vital jurisdiction, say Kenji Sugimura and Rebecca Chen.
Soſt ware is one of the most innovative and fastest growing industries in the world, leading corporations to
to turn increasingly to patents protect their soſt ware-related inventions.
Businesses have begun to leverage the value of soſt ware-related patents, evidenced by the prolifi c mobile patent wars and the wave of multibillion dollar patent portfolio acquisitions.
Including Japan in a company’s international patent prosecution strategy is crucial for several reasons. Japan is the third largest economy in the world. Additionally, Japan has the second highest number of registered soſt ware-related patents in the world. T ese registered patents cover a wide range of technologies including embedded soſt ware in consumer goods and appliances and developments in vehicle network technology. Japanese companies also rank among the top patent fi lers.
As the applicability of to soſt ware inventions
continues to broaden, more opportunities are created for inventors to license their patented inventions
these Japanese companies.
Given the importance of the Japanese industry and the opportunities within the soſt ware- related technology in the global marketplace, it is imperative
international patent with
Japan in mind.
for companies to develop prosecution strategies Specifi cally, foreign
companies should be aware of the similarities and diff erences in prosecuting soſt ware-related patents in Japan and in their home countries.
Software patentability trends in Japan
In 1999, the allowance rate for business method patents at
the Japanese Patent Offi ce (JPO) reached an all-time high of roughly 35 percent. 74 World Intellectual Property Review September/October 2012 Subsequently, the JPO experienced a surge in
business method patent fi lings. T is surge was met with a dramatic decrease in the average grant rate of business method patents during the following six years; it lingered around 8 percent between 2003 and 2006 (8 percent is extremely low in comparison to the average of 50 percent across all technical fi elds). Since 2006, the average grant rate for business method patents has risen to the current rate of roughly 25 percent.
T e earlier dip in grant rate was due in part to the business method–related patent boom at the turn of the century. It drove many companies and individuals to draſt patent
specifi cations
before acquiring an accurate understanding of examination guidelines and other patent rules. During that time there were very few case studies, so even experienced patent draſt ers were unsure how the JPO would interpret specifi c rules.
www.worldipreview.com
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