Patent term extension in Japan: challenges still lay ahead even after the 2011 revision.
Japan has a patent term extension (PTE) system similar to supplemental protection certificates in Europe and PTEs in the USA; however, the Japanese PTE system is different in many aspects. It is relatively known that it is not so difficult to obtain multiple PTEs, but as a matter of fact it can be challenging. Recently, the Supreme Court of Japan issued important decisions relating to multiple PTEs, followed by revision to the Japan Patent Office's Examination Guidelines. Further, calculation of an extended term is also an issue in obtaining a PTE in Japan, which is different from those of European supplemental protection certificates or US PTE systems. The Japanese court also held an important decision in this regard, particularly, how clinical trial outside Japan may be considered in the calculation of extended patent right. Additional recent court decisions issued in terms of PTE matter are introduced.
Shusaku Yamamoto Patent Attorneys, Crystal Tower, 1-2-27 Shiromi, Chuo-ku, Osaka, 540-6015 Japan. tskomatani@shupat.gr.jp.
Takeshi S
TS
Komatani
D007564:Japan; D007880:Legislation, Drug; D010330:Patents as Topic / Q000331:legislation & jurisprudence*