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Patentability of Business Method Inventions and
Inventions with Non-technical Features in Japan versus the US and Europe
By:
Hideo FURUTANI, Japanese Patent Attorney
Furutani Patent Office
TEK No. 2 Building
1-23-20, Esaka-cho, Suita-city
Osaka, 564-0063 JAPAN
1.
Introduction
This paper describes business method patents and patents with non-technical features in Japan and compares them to those in the United States and Europe.
First, the basic requirements for patents and examination guidelines in Japan will be described. Then, hypothetical claims are used to illustrate the differences between Japan, the US and Europe. I also include a translation of the document entitled “Examples of Examinations on Inventions Related to Business Methods” which was issued on April, 2003 by the Japan Patent Office (hereinafter referred to as JPO).
2.
The Expansion of Patentable Business Method Inventions and Inventions with non-technical features
2.1
The expansion of patent computer-implemented inventions in Japan
eligibility
of
business
and
Business method inventions are patentable in Japan if they are realized using computers. Thus, we have to know about patent protection of software inventions in Japan to understand patent protection of business method inventions. First, we will examine the evolution of this standard.
(1) Method of Advertising on Utility Poles (1956)1
The invention in this case was a method by which an employee would exchange advertisement boards on utility poles. The Tokyo high court said that the method applied was not the subject matter of a patent, because it did not utilize the laws of nature.
(2) Examination Guidelines for Computer Related Inventions –vol. 1- (1975)2
These guidelines, no longer in use, showed that computer program related inventions could be the subject matter of patents if the program handled technical operations. Thus, methods of handling technical operations carried out by
Inventions with Non-technical Features in Japan versus the US and Europe
By:
Hideo FURUTANI, Japanese Patent Attorney
Furutani Patent Office
TEK No. 2 Building
1-23-20, Esaka-cho, Suita-city
Osaka, 564-0063 JAPAN
1.
Introduction
This paper describes business method patents and patents with non-technical features in Japan and compares them to those in the United States and Europe.
First, the basic requirements for patents and examination guidelines in Japan will be described. Then, hypothetical claims are used to illustrate the differences between Japan, the US and Europe. I also include a translation of the document entitled “Examples of Examinations on Inventions Related to Business Methods” which was issued on April, 2003 by the Japan Patent Office (hereinafter referred to as JPO).
2.
The Expansion of Patentable Business Method Inventions and Inventions with non-technical features
2.1
The expansion of patent computer-implemented inventions in Japan
eligibility
of
business
and
Business method inventions are patentable in Japan if they are realized using computers. Thus, we have to know about patent protection of software inventions in Japan to understand patent protection of business method inventions. First, we will examine the evolution of this standard.
(1) Method of Advertising on Utility Poles (1956)1
The invention in this case was a method by which an employee would exchange advertisement boards on utility poles. The Tokyo high court said that the method applied was not the subject matter of a patent, because it did not utilize the laws of nature.
(2) Examination Guidelines for Computer Related Inventions –vol. 1- (1975)2
These guidelines, no longer in use, showed that computer program related inventions could be the subject matter of patents if the program handled technical operations. Thus, methods of handling technical operations carried out by