June issue [General] Newsletter

Survey Results on Patent Application Technology Trends by Field in Fiscal Year 2025

On April 23, the Japan Patent Office (JPO) published the results of its FY2025 Survey on Patent Application Technology Trends by Field. The report analyzes Japan's strengths and challenges based on patent information and other data for four cutting-edge technology themes expected to create and expand markets (nuclear fusion power generation, low-carbon fuel engines, lactic acid bacteria-containing foods, and cyberattack detection technology - information security technology for detecting unauthorized intrusions and malware).

(1) Nuclear fusion power

Nuclear fusion power generation is a technology that aims to fuse deuterium and tritium in a high-temperature plasma state and convert the energy produced by the reaction into electricity. In recent years, social interest in the industrialization and practical application of nuclear fusion power generation has been growing in Japan, with the formulation of a nuclear fusion strategy and a fusion energy innovation strategy.

From 2000 to 2023, the proportion of internationally deployed inventions was highest for US nationals at 31.0%, followed by European nationals at 26.9%, Japanese nationals at 21.7%, Chinese nationals at 7.3%, and Korean nationals at 4.6%.

Furthermore, in the ranking of the number of internationally deployed inventions by applicant during the same period, it was revealed that seven of the top 20 applicants, including the National Institutes for Quantum Science and Technology (QST) in third place and Nippon Steel Corporation in seventh place, were Japanese nationals.

Furthermore, analysis of the number of internationally deployed inventions by technology category and applicant nationality/region revealed that Japan has filed a wide range of applications in the technology category of equipment configuration, with a particularly large number of applications related to "magnets" and "entire reactors" compared to other countries and regions. This clearly indicates that Japan has strengths in elemental technologies for nuclear fusion reactors, especially in plasma generation, which is necessary in the early stages of research and development of nuclear fusion power generation.

(2) Low-carbon fuel engines

The number of internationally deployed inventions has been on a sharp upward trend since 2021. By applicant nationality/region, European nationals accounted for the largest number with 1,846 cases, representing 34.0% of the total. This was followed by US nationals with 1,639 cases (30.2%), Japanese nationals with 1,108 cases (20.4%), South Korean nationals with 352 cases (6.5%), and Chinese nationals with 225 cases (4.1%).

Furthermore, in the ranking of international invention applicants for the same period, it was revealed that six of the top 20 applicants, including the Mitsubishi Heavy Industries Group at 6th place and the Toyota Motor Group at 6th place, were Japanese nationals.

Furthermore, analysis of the number of internationally deployed inventions by technology category and applicant nationality/region revealed that Japan has a relatively large number of internationally deployed inventions in the field of technology using "ammonia" as fuel.

(3) Foods containing lactic acid bacteria

Looking at the trend in the number of internationally deployed inventions, although there are some increases and decreases from year to year, the overall trend is generally upward. Looking at the applicants by nationality/region, over the entire period, European nationals accounted for the largest number with 986 cases (30.5%), followed by South Korean nationals with 572 cases (17.7%), Japanese nationals with 460 cases (14.2%), Chinese nationals with 441 cases (13.6%), and US nationals with 429 cases (13.2%). In recent years, the proportion of South Korean and Chinese nationals has also been increasing.

Furthermore, in the ranking of applicants by the number of internationally expanded inventions during the same period, it was revealed that six of the top 20 applicants, including Meiji (3rd place) and Morinaga Milk Industry (6th place), were Japanese nationals.

Furthermore, analysis of the number of internationally deployed inventions by technology category and applicant nationality/region revealed that Japan has a large number of internationally deployed inventions in areas such as "improvement of the intestinal environment," "maintenance and improvement of immune function," "improvement of taste," "fermented milk beverages," and "supplements."

(4) Cyberattack detection technology - Information security technology for detecting unauthorized intrusions, malware, etc.

２０１７年から２０２３年までの国際展開発明件数の合計は6,010件であり、出願人の国籍・地域別に見ると、全期間では米国籍が2,217件（36.9％）と最も多く、次いで欧州籍が1,189件（19.8％）、日本国籍が833件（13.9％）、中国籍が571件（9.5％）、韓国籍が472件（7.9％）となった。

Furthermore, in the ranking of international invention applicants for the same period, it was revealed that five of the top 20 applicants, including NEC Corporation (4th place) and NTT Corporation (5th place), were Japanese nationals.

Furthermore, the number of internationally deployed inventions by technology category and applicant nationality/region is shown. It was revealed that Japan has a large number of internationally deployed inventions in the "Vehicles" and "Manufacturing" categories within "Other Specific Industries/Sectors."

The U.S. Government Accountability Office has published a report on disclosure procedures under the Bayh-Dole Act.

The United States Government Accountability Office (GAO) has published a report summarizing a survey on the status of patent acquisition for inventions funded by the federal government and the procedures for disclosing such inventions to the federal government.

The Bayh-Dole Act allows inventors who receive federal funding to acquire rights to their inventions and generate revenue through licensing and other means, provided they fulfill disclosure obligations to the federal government.

This report is in response to a request for investigation from Senator Tillis (Republican, North Carolina), chair of the Senate Intellectual Property Subcommittee, and others, and mainly consists of the following:

① Status of rights acquisition by those who have received federal government funding.

Of the inventions disclosed to the federal government under the Bayh-Dole Act between 2020 and 2024, 56% were patented by those who received funding. On the other hand, 21% were abandoned, and 18% were still considering whether they needed to pursue patent rights.

Reasons for abandoning rights include low commercialization potential (72.2%) and the invention not being patent-worthy (10.3%).

② Procedural concerns regarding disclosure and reporting obligations to the federal government

One problem pointed out was the additional burden on disclosure and reporting due to differing procedures required by each federal government agency. Other concerns included the heavy reporting burden regarding commercialization efforts.

③ Integration of disclosure procedures (migration to a unified system (iEdison))

While some argued that the system would help reduce the burden of disclosure procedures, government officials expressed concerns that the high degree of freedom in the information disclosure format led to inconsistencies in content depending on the person handling the procedure, resulting in a heavy verification burden.

One challenge identified was the inability to report cases where federal funding did not result in an invention through this system.

The U.S. National Institute of Standards and Technology (NIST) has been providing new sample formats for information disclosure in iEdison since March 2026, and it is expected that unified operations will be achieved through disclosure and reporting procedures via this system.

USPTO revises memo to streamline the application of patent eligibility declarations.

The USPTO has revised and published a memo for applicants and agents regarding best practices for filing Subject Matter Eligibility Declarations (SMEDs). This revision aims to provide more practical guidance by updating the memo published in December 2025 based on feedback from applicants.

This revision does not make any substantive changes to the previous memo, but rather, given that SMED is currently functioning effectively in determining patent eligibility, it mainly supplements and expands the following points.

• Regarding the contents of the SMED, it is effective in demonstrating patent eligibility to explain, with reference to precedents, how the technical improvements described in the specification should be interpreted by a person skilled in the art, and how the invention represents an efficient and effective application technology.
• Patent examiners must consider all claims and evidence submitted in affidavits under Rule 132, including SMED.
• To make the submitted SMED meaningful, it is recommended that it be submitted separately from other affidavits regarding non-obviousness, etc.

Newsletter translated into English

Results of 2025 Technology Trend Survey on Patent Applications by Field

On April 23, 2026, the Japan Patent Office (JPO) released the results of the 2025 Technology Trend Survey on Patent Applications by Field. The report compiles analysis, based on patent information and other sources, of Japan's strengths and challenges faced with respect to the following four cutting-edge technology themes, which are expected to create and expand markets: (1) fusion power generation, (2) low-carbon fuel engines, (3) foods containing lactic acid bacteria, and (4) cyberattack detection technologies (information security technologies for detecting unauthorized intrusion, malware, and the like).

(1) Fusion power generation

Fusion power generation is a technology aimed at fusing deuterium and tritium in a high-temperature plasma state and converting the energy generated by that reaction into electricity for use. In recent years, social interest in the industrialization and practical application of nuclear fusion power generation has been increasing in Japan, with measures such as the formulation of a Nuclear Fusion Strategy and a Fusion Energy Innovation Strategy.

Looking at the ratio of the number of internationally filed inventions from 2000 to 2023, US applicants ranked first at 31.0%, followed by European applicants at 26.9%, Japanese applicants at 21.7%, Chinese applicants at 7.3%, and Korean applicants at 4.6%.

In addition, in the ranking of applicants by number of internationally filed inventions during the same period, 7 of the top 20 applicants were Japanese, including the National Institutes for Quantum Science and Technology in 3rd place and Nippon Steel in 7th place.

Furthermore, from the number of internationally filed inventions by technical category and by applicant nationality/region, it is clear that Japan has filed applications broadly in the technical categories of equipment configuration, and that, compared with other countries and regions, it has in particular many applications relating to magnets as well as entire reactors, demonstrating strength in elemental technologies for nuclear fusion reactors, especially in plasma generation, which is required in the early stages of research and development for nuclear fusion power generation.

(2) Low-carbon fuel engines

The number of internationally filed inventions has shown a sharp upward trend since 2021. In terms of applicant nationality/region, European applicants accounted for the largest share with 1,846 cases, representing 34.0% of the total. They were followed by US applicants with 1,639 cases (30.2%), Japanese applicants with 1,108 cases (20.4%), Korean applicants with 352 cases (6.5%), and Chinese applicants with 225 cases (4.1%). In addition, in the ranking of applicants by number of internationally filed inventions during the same period, 6 of the top 20 applicants were Japanese, including Mitsubishi Heavy Industries Group in 6th place and the Toyota Motor (TOYOTA) Group in 7th place. Furthermore, from the number of internationally filed inventions by technical category and by applicant nationality/region, it is clear that Japan has a relatively large number of internationally filed inventions for technologies that use ammonia as a fuel.

(3) Foods containing lactic acid bacteria

Looking at trends in the number of internationally filed inventions, although there have been some year-to-year increases and decreases, the overall trend has been generally upward. In terms of applicant nationality/region over the full period, European applicants ranked first with 986 cases (30.5%), followed by Korean applicants with 572 cases (17.7%), Japanese applicants with 460 cases (14.2%), Chinese applicants with 441 cases (13.6%), and US applicants with 429 cases (13.2%). In recent years, moreover, the shares of Korean and Chinese applicants have been increasing.

In addition, in the ranking of applicants by number of internationally filed inventions during the same period, 6 of the top 20 applicants were Japanese, including Meiji in 3rd place and Morinaga Milk in 6th place.

Furthermore, from the number of internationally filed inventions by technical category and by applicant nationality/region, it is clear that Japan has many internationally filed inventions in areas such as improving intestinal environment, maintaining or enhancing immune function, improving taste, fermented milk beverages, and supplements.

(4) Cyberattack detection technologies (information security technologies for detecting unauthorized intrusion, malware, and the like)

The total number of internationally filed inventions from 2017 to 2023 was 6,010. In terms of applicant nationality/region over the full period, US applicants ranked first with 2,217 cases (36.9%), followed by European applicants with 1,189 cases (19.8%), Japanese applicants with 833 cases (13.9%), Chinese applicants with 571 cases (9.5%), and Korean applicants with 472 cases (7.9%).

In addition, in the ranking of applicants by number of internationally filed inventions during the same period, 5 of the top 20 applicants were Japanese, including NEC Corporation in 4th place and NTT Corporation in 5th place.

Furthermore, the number of internationally filed inventions by technical category and applicant nationality/region shows that Japan has many internationally filed inventions for vehicles and manufacturing within other specific industries/sectors.

US Government Accountability Office Publications Report on Disclosure Procedures, etc. under Bayh-Dole Act

The United States Government Accountability Office (GAO) has published a report compiling the status of rights acquisition for inventions made with federal government funding and a survey of awareness concerning procedures for disclosing such inventions to the federal government.

Under the Bayh-Dole Act, persons who make inventions with the assistance of federal government funding may obtain rights to those inventions and generate revenue through licensing and the like, provided that they fulfill obligations such as disclosure to the federal government.

This report responds to a request for investigation from Republican Senator Thom Tillis of North Carolina, Chairman of the Senate Intellectual Property Subcommittee, among others, and mainly consists of the following content.

(1) Status of rights acquisition by recipients of federal government funding

Of the inventions disclosed to the federal government between fiscal 2020 and 2024 under the Bayh-Dole Act, 56% were inventions for which the funding recipients obtained rights. On the other hand, 21% were inventions for which rights were waived, and 18% were inventions for which the need to obtain rights was still under consideration. Reasons for waiving rights included poor prospects for commercialization (72.2%) and lack of patent eligibility of the invention (10.3%).

(2) Procedural concerns among those handling disclosure/reporting obligations to the federal government

It was pointed out as an issue that additional burdens arise in disclosure and reporting because the procedures required differ from one federal agency to another. It was also pointed out regarding regarding efforts toward commercialization.

(3) Integration of disclosure procedure systems (migration to a unified system (iEdison))

While some stated that the use of this system helps reduce the burden of disclosure procedures, government agency staff expressed concerns that because there is a high degree of freedom in the format of information disclosure, the contents vary depending on the filer, resulting in a heavy burden of confirmation. It was also pointed out as an issue that reports in cases where federal government funding did not lead to an invention cannot be made through this system.

The National Institute of Standards and Technology (NIST) has newly provided sample formats for information disclosure in iEdison since March 2026, and it is hoped that disclosure and reporting procedures through the system will lead to more uniform operation.

USPTO Revises Memo to Facilitate Operation of Subject Matter Eligibility Declarations

The USPTO has revised and published a memo for applicants and representatives on best practices for filing procedures regarding Subject Matter Eligibility Declarations (SMED). The purpose is reportedly to update the memo published in December 2025 on the basis of feedback from applicants and the like, and to make it a more practical form of guidance.

This revision does not make substantive changes to the previous memo; rather, in light of the fact that SMED is currently functioning effectively in determinations of subject matter eligibility, it mainly supplements and expands on the following points made therein:

• With respect to the content of an SMED, reference can be made to precedent, and explanations of how a person skilled in the art should interpret the technical improvements described in a specification and how an invention constitutes an efficient and effective applied technology are effective in showing subject matter eligibility.
• Patent examiners are required to take into consideration all assertions and evidence submitted by affidavit or declaration under Rule 132, including an SMED.
• In order to make a submitted SMED meaningful, it is recommended that an SMED be submitted separately from other affidavits or declarations concerning matters such as non-obviousness.