～Overview of Intellectual Property～

～Overview of Intellectual Property～

(Litigation in Japan)

Example 1.

P ・・・　patent holder

A ・・・ alleged patent infringer

<1st Step>

(A) P sends a warning letter to A where describing;

A is to be infringing P's patent.・・・・・ P has both policies of amicable resolution and legal resolution like litigation.

Note: Althogh, warning letter is not the compulsory condition to initiate the subsequent patent litigation in Japan, it is commonly better to take such action.

Preliminary injunction takes rather shorter time than permanent injunction, around 6 months to one year depending on each case. P must deposit certain amount of bond which undertakes A's damages in case of disadvantage of P.

In addition, P is not able to seek damages under the preliminary injunction procedure.

(B) A responses to the warning letter within a reasonable term.

Note: Usually, the term is around 10 days. However, if A has to review the matter precisely, A may ask to extend around one month for substantial preparation for the answer.

<2nd Step>

P files with the court to seek a preliminary injunction of manufacture/sales of A, or permanent injunction same.

Note: Whether P choices is very delicate and strategical to determine for patentee. It's depending on each case, where P may consult with legal professional counselor who has various experiences of cases.

→　flowchart & time schedule of patent litigation (unofficial)

経歴/著作･論文業務内容知的財産権とは？法改正レポート当事務所案内法律関係リンク集

トップページ