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Japanese patent law to protect software-related inventions
9/04/2009

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The Japanese Patent Office (JPO) has announced that it plans to review its patent law drastically over a period of one year. Among other matters, an important point of discussion will be the extent of protection afforded to software-related inventions. The revision will be undertaken by the JPO Directorate-General, which consists of members from different sectors of society, such as industry, academe, the judiciary and patent attorneys. The matter will be brought before an advisory body of the Department of Economy, Trade and Industry in 2010, before a proposed revision of the patent law is submitted at the legislative assembly in 2011, with the aim of putting it into effect in 2012.

A point of discussion will be the definition of an “invention” as defined by the current patent law, which has been in force since 1960. The definition of an invention is limiting in the sense that it relates to a “product”. The JPO intends to include intangible assets, such as software, within the scope of the definition. It also intends to look at the following: launching a system for speeding up technological innovation; reviewing the provisions relating to “inventions by employees”; facilitating rapid and effective conflict resolution; and making the provisions in patent law easier to understand.

Wynand Fourie
Candidate Attorney Wynand-f@adamsadams.co.za
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