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2022.06.24 Patent

Latest Topic on Standard-Essential Patents (SEPs) in Japan

1. Introduction

We are pleased to introduce you to a latest topic on trends in Standard-Essential Patents (SEPs) in Japan.

2. Symposium held by JPO

A symposium titled “JPO SEP Symposium 2022 – Latest Global Trends and the Frontier of Discussion –” was held live on-line on May 19, 2022.
In this symposium, experts from Japan, the Unites States, and Europe delivered talks on the latest trends in their countries or region.
The JPO announced that revision of “Guide to Licensing Negotiations Involving Standard Essential Patents” published in June 2018 is planned, and various issues related to the revision of the guide were discussed in the panel discussion of this symposium.
Specifically, the following issues were discussed.
• What essentiality check of SEPs should be
• Procedures for essentiality check
• Materials and information for essentiality check
• Necessity (essentiality) of providing a claim chart on the occasion of negotiations
• Utilization of “Hantei” (Advisory Opinion) system for essentiality check in each country
A video of this symposium is available via the following link:
(scheduled to be shown publicly until July 31, 2022 at present)
We share the list of chapters with you so that you can view the video efficiently.
[Time stamps and chapters]
0:00 Kiyoshi MORI, JPO Commissioner
8:00 Tomoya HASUI, METI Deputy Director-General
17:50 David J. KAPPOS, former USPTO commissioner
41:38 Kamil KILJANSKI, European Commission Head of IPR unit
59:02 Panel Discussion 1 “Licensing practice and the effect of recent court decisions”
2:10:29 Panel Discussion 2 “Essentiality check in terms of efficiency for licensing”

3. Concluding Remarks

We will continue to monitor the trends in SEPs in Japan and other countries. When we find any interesting trends, we will give such information to you in a timely manner.
Edited by Makoto Iwata

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