The IP seminar at Gifu University September 2018
An infringement law suit was filed with the Tokyo district court by a plaintiff (a patent holder) against a defendant. To counter the law suit, the defendant filed a trial for invalidation of the patent with the JPO. As the JPO gave notice of their decision to invalidate the patent, the plaintiff filed a correction request, but neglected to submit “a written approval by a non-exclusive license holder to approve correction of a patent.” Under these circumstances, the Tokyo district court determined that the correction request filed by the plaintiff was unlawful and dismissed the plaintiff’s correction request against the defendant’s patent invalidity defense in the infringement law suit (Article 104-3 of the Patent Act).
Our patent attorney Motoaki Hattori will give a lecture on the relationship between patent holders and non-exclusive license holders in the context of protection of rights (specifically patent correction requests).
Date: September 21, 2018
Speaker: Motoaki Hattori
Location: Gifu University, Collaborative Center for Academic Industry Government