IP information

IP High Court Grand Panel decision on effects of term-extended patents confirmed

On May 8, 2018, the Supreme Court of Japan dismissed an Appeal to the Supreme Court as well as a Request of Acceptance of Final Appeal to the Supreme Court regarding the an injunction against patent infringement, which had been made based on the term-extended patent. According to the Supreme Court decision, the Intellectual Property High Court (IP High Court) decision (Grand Panel Case, No.2016(Ne)10046, January 30, 2017) is confirmed. Therefore, it is expected that the IP High Court ruling that the effects of term-extended patents cover not only a product which is identical to an approved product, but also a product which is substantially the same as the approved product will be treated as a unified standard for the scope of term-extended patents in Japan. Please review our previous report regarding the IP High Court Grand Panel decision.

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