October [General] Newsletter

WIPO Regional Dialogue: Intellectual Property and Small and Medium-Sized Enterprises in the Asia-Pacific Region

On August 25th, the World Intellectual Property Organization (WIPO) hosted the "WIPO Regional Dialogue: Intellectual Property and SMEs in the Asia-Pacific Region" at the WIPO Office. This event brought together heads of intellectual property offices from around the Asia-Pacific region and involved lively discussions on the fundamental role of intellectual property in the performance of SMEs and economic growth.

Mr. Kitamura, Director General of the First Examination Department, participated from the Japan Patent Office (JPO) and delivered opening remarks alongside Mr. Darren Tan, Director General of WIPO, and Mr. Tan Kong Hwee, Chief Executive Officer of the Intellectual Property Office of Singapore (IPO). Mr. Kitamura spoke about the need for a comprehensive IP ecosystem to promote the use of IP and the importance of the IP Office's role in creating such an ecosystem. He also announced the JPO's startup support program, "VC-IPAS," which attracted considerable attention.

The Japan Patent Office will continue to cooperate internationally to enable companies to utilize intellectual property overseas and use it to develop their businesses.

SEP rulings in India

On September 2, 2025, the Supreme Court of India dismissed the Competition Commission's (CCI) appeal regarding the Ericsson v. Lava ruling.

The court essentially upheld the Delhi High Court's ruling (meaning that disputes regarding the enforcement of patent rights are, in principle, governed by the Patent Act and are outside the scope of the CCI's investigation and adjudication).In addition, the court cited as a reason for dismissal the case that the informant had already settled the case, lacking a basis for investigation.

The CCI's antitrust investigation into Ericsson's SEP licensing methods has effectively been blocked, and it has become clear that the main battlefield will be the FRAND/infringement and damages framework in patent litigation (High Court = original jurisdiction).

On March 8, 7, the Delhi High Court upheld the validity of seven of Ericsson's eight 2G/EDGE/3G-related SEPs and recognized Lava's infringement. The damages amounted to 24.4 billion Indian rupees (approximately 2,900 million USD), making it one of the largest amounts ever awarded in an SEP case in India.

First CAFC decision regarding AIA derivation proceedings

On August 26, the Federal Circuit (CAFC) upheld the USPTO Patent Trial and Appeal Board (PTAB) decision in the case of Global Health Solutions LLC (GHS) v. Marc Selner (Mr. Selner), which involved a dispute over misappropriation of a patented invention, and recognized that Selner's invention was an original invention (no misappropriation had occurred).

In the United States, the first-to-invent system was in place until the enactment of the America Invents Act (AIA), and interference proceedings were used to identify the earliest inventor in disputes over rights ownership. Derivation proceedings are a new procedure established with the enactment of the AIA, and, based on the first-to-file system, allow for a dispute over the derivation of an invention (whether or not it was derivatized) when a prior patent application is the result of derivation.

This decision was the CAFC's first ruling on the above-mentioned misappropriation proceedings, and while the CAFC pointed out that the PTAB's decision was partially incorrect in terms of the difference between interference proceedings and misappropriation proceedings, it upheld the decision in its conclusion.

FY2025 User Evaluation Survey Report on the Quality of Patent Examination

On September 10th, the Japan Patent Office compiled the results of its user evaluation survey on the quality of patent examinations (survey conducted in fiscal year 2025) into a report. Recognizing that it is essential to properly understand the needs and expectations of users (applicants, third parties who exercise their rights, etc.) regarding patent examinations, the Japan Patent Office has been conducting user evaluation surveys on the quality of patent examinations since fiscal year 2012.

This report compiles the results of a survey in which respondents were asked to rate the overall quality of patent examinations, international searches, etc. in fiscal year 2024 on a five-point scale: "satisfied," "relatively satisfied," "average," "relatively dissatisfied," and "dissatisfied." The survey was conducted between April and June 2025, with a response rate of approximately 80%.

Regarding the overall evaluation of the quality of patent examinations for domestic applications (overall evaluation), the percentage of those who received high evaluations (the percentage of those who received evaluations of "satisfactory" or "relatively satisfactory") was 60.7%, and the percentage of those who received evaluations of "average" or higher was 95.7%.

Regarding the overall evaluation of the quality of international searches and other procedures for PCT applications (overall evaluation), 59.1% received a high rating, and 96.8% received a rating of "average" or above.

As a result of the analysis, it was found that for domestic applications, the items of "uniformity of judgments" and "uniformity of judgments under Article 29, Paragraph 2 (inventive step)" have a large impact on the overall evaluation and have low relative evaluations, so these have been set as items that should be addressed as a priority. Going forward, the JPO will continue to make use of statistical data on examinations, promote the sharing of knowledge among examiners through discussions between them, and work to improve the uniformity of judgments.

International Intellectual Property Judicial Symposium 2025

The Judicial Symposium on Intellectual Property (JSIP) will be held on October 23rd and 24th, where legal professionals and judges from around the world will hold discussions on judicial decisions regarding intellectual property disputes and recent intellectual property topics.

This 9th symposium will be attended by practitioners including judges, lawyers, administrative judges, and patent attorneys from Japan, the United States, Europe, South Korea, China, and ASEAN countries. The event will be held in person at the venue as well as live-streamed online.

The first day's joint event will feature incumbent judges from the United States, Europe, and South Korea who are active in the field of intellectual property. The event will begin with a keynote speech by the Chief Justice of the Intellectual Property High Court and the Director of the Japan Patent Office's Trial and Appeal Division, titled "20 Years of Progress in the Intellectual Property High Court and Intellectual Property Administration." This will be followed by a panel discussion on "International Trends in the Intellectual Property Field and the Role of Specialized Courts in the Field of Intellectual Property," featuring Japanese judges and lawyers, judges from overseas, the Director of the Japan Patent Office's Trial and Appeal Division, and patent attorneys. Marking the 20th anniversary of the Intellectual Property High Court, this panel discussion will feature judges from each country sharing their country's developments in the field over the past 20 years, and based on this, they will exchange views on the role that specialized courts and IP offices should play in the field of intellectual property. In addition, a program organized by the Intellectual Property High Court will feature a discussion between Japanese judges and lawyers and judges from overseas on the theme of "Turbulent Times and the Future of Intellectual Property Justice," where they will exchange views on how to respond to increasingly sophisticated specialization and how to make decisions that take into account the current state of society.

Newsletter translated into English

WIPO Dialogue on IP and SMEs in Asia and the Pacific Region Held

On August 25, the “WIPO Dialogue on IP and SMEs in Asia and the Pacific Region”, organized by the World Intellectual Property Organization (WIPO) was held at the WIPO office. At this event, heads of intellectual property offices from countries primarily in the Asia-Pacific region gathered and engaged in active discussions on the fundamental role of intellectual property in the performance of small and medium-sized enterprises (SMEs) and in economic growth.

From the Japan Patent Office (JPO), Director-General Kitamura of the First Examination Department participated and delivered the opening remarks together with Mr. Daren Tang, Director General of WIPO, and Mr. Tan Kong Hwee, Chief Executive of the Intellectual Property Office of Singapore. Director-General Kitamura spoke about the necessity of a comprehensive intellectual property ecosystem to promote the utilization of intellectual property, as well as the importance of the roles played by patent offices in its establishment. He also introduced the JPO's startup support program “VC-IPAS,” which drew significant attention.

The JPO will continue to pursue international cooperation so that enterprises can make use of intellectual property overseas, thereby promoting the development of their businesses.

SEP Judgment in India

On September 2, 2025, the Supreme Court of India dismissed the appeal filed by the Competition Commission of India (CCI) in relation to the Ericsson v. Lava judgment.

This effectively upheld the decision of the Delhi High Court, which held that disputes concerning the exercise of patent rights are, in principle, governed by the Patent Act and thus fall outside the scope of CCI's investigation and adjudicatory powers. In addition, the Supreme Court noted that the information provider had already reached a settlement, thereby eliminating the basis for further investigation, which also formed part of the reasoning for dismissal.

As a result, the route for an antitrust investigation by the CCI with respect to Ericsson's SEP licensing practices has been effectively closed off, confirming that the main battleground will lie in patent litigation (before a High Court as first instance), within the framework of FRAND, infringement, and damages.

Notably, on March 28, 2024, the Delhi High Court upheld the validity of 7 out of 8 SEPs held by Ericsson related to 2G/EDGE/3G technologies and found Lava to have infringed them. The damages awarded amounted to INR 2.44 billion (approximately USD 29 million), one of the largest sums ever in an SEP case in India.

The First CAFC Decision on Derivation Proceedings under the American Invents Act (AIA)

On August 26, the Court of Appeals for the Federal Circuit (CAFC) upheld a decision of the USPTO Patent Trial and Appeal Board (PTAB) in the case of Global Health Solutions LLC (GHS) v. Marc Selner, which concerned the issue of derivation of a patented invention. The CAFC recognized that the invention in question was Selner's own original invention and that no derivation had occurred.

Prior to the enactment of the American Invents Act (AIA), the United States employed a first-to-invent system. Disputes over entitlement to rights were resolved through interference proceedings, which were conducted to determine the earliest inventor. A derivation proceeding, newly established under the enactment of the AIA, is a procedure, based on the first-to-file principle, in which the origin of an invention (ie, whether it was derived or not) is contested when an earlier patent application is alleged to been filed through derivation.

This judgment represents the first time that the CAFC has rendered a decision regarding the mentioned derivation proceeding. While the CAFC pointed out certain errors in the PTAB's judgment from the perspective of the differences between an interference proceeding and a derivation proceeding, it ultimately upheld the substance of the PTAB's decision.

User Evaluation Survey Report on the Quality of Patent Examination in 2025

On September 10, the Japan Patent Office (JPO) compiled the results of the User Evaluation Survey on the Quality of Patent Examination (survey of 2025) into a report. Recognizing that it is essential to accurately understand the needs and expectations of users regarding patent examinations (such as applicants and third parties subject to the exercise of patent rights), the JPO has been conducting user evaluation surveys on the quality of patent examination since 2012.

This report summarizes the results of evaluations, conducted on a five-level scale (“satisfied,” “relatively satisfied,” “neutral,” “relatively dissatisfied,” and “dissatisfied”), concerning the overall quality of patent examinations and international searches in 2024. The survey was conducted from April to June 2025, with a response rate of approximately 80%.

Regarding the assessment (overall evaluation) of the overall quality of patent examinations for domestic applications, the ratio of higher ratings (“satisfied” and “relatively satisfied”) was 60.7%, while the ratio of evaluations of “neutral” or above reached 95.7%.

Regarding the assessment (overall evaluation) of the overall quality of international searches and related procedures for PCT applications, the ratio of higher ratings was 59.1%, while the ratio of evaluations of “neutral” or above reached 96.8%.

According to the analysis, for domestic applications, “consistency of judgment” and “consistency of judgment on Article 29(2) (inventive step)” had a significant impact on overall evaluation but received relatively lower ratings. Therefore, these items were identified as priority areas for improvement. Going forward, the JPO will continue to work on enhancing the consistency of judgments by utilizing statistical data related to examinations and promoting knowledge-sharing among examiners through discussions between examiners and other means.

Judicial Symposium on Intellectual Property / TOKYO 2025 Held

The “Judicial Symposium on Intellectual Property” (JSIP), where legal professionals, trial examiners, and other experts from various countries will discuss judicial decisions on IP disputes and recent IP topics, will be held on October 23 and 24.

This symposium, now in its 9th session, will bring together practitioner such as judges, litigation, trial examiners, and patent litigation from Japan, the United States, Europe, South Korea, China, and ASEAN countries. The format will be an in person symposium at the venue accompanied by a live-stream on the internet.

At the plenary session on the first day, sitting judges from the United States, Europe, and South Korea active in the IP field will participate. Following a keynote lecture titled “Twenty 20 Years of the IP High Court and IP Administration”, delivered by the Chief Judge of the IP High Court and the Chief Trial Examiner of the JPO, a panel discussion will take place among Japanese judges and justices, judges overseas, the Chief Trial Examiner of the JPO, and patent justice. The theme of this discussion will be “International Trends in the IP Field and the Role of Specialized IP Courts”. Marking the 20th anniversary of the IP High Court, judges from each country will introduce the developments in the field of intellectual property in their respective country over the past 20 years. Then, based on these introductions, opinions will be shared regarding the roles that IP courts and patent offices should fulfill. a Rapidly Changing Society”. The discussion will address responses to the increasing sophistication of expertise, as well as approaches to rulings that take into account broader social realities.