[October 2016] Revised JPO Handbook Tackles the IoT and PbP Claims

2016.10

The Japan Patent Office (JPO) Examination Handbook for Patent and Utility Model in Japan has been updated with several sections, including some related to the Internet of Things. Reflecting how fast this cutting-edge technology has progressed, these examples are to assist Examiners in determining the novelty and inventive step of “networked” inventions, as well as assist Applicants in drafting allowable claims. Among the case examples included are inventions related to Internet-connected drones, autonomous vehicles, rice cookers, and medical equipment.

In addition, the revised Handbook also added a case example based on a particular decision of the JPO Board of Appeal (Fufuku 2014-010863) in which a Product-by-Process claim was allowed in light of the clarity requirement; i.e., the Board found that there exist circumstances where it was impossible or utterly impractical to directly specify the product by its structure or characteristics at the time of filing the application.

The revised Handbook and supplementary case examples can be downloaded from the JPO website at the link below.

http://www.jpo.go.jp/tetuzuki_e/t_tokkyo_e/handbook_sinsa_e.htm