Patent Case Law and Intellectual Property Practice Blog

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511585401640255488-ja Article information Content type: Lectures and videos Categories: United States / China / Europe Issues: Standard-essential patents / FRAND / Injunctions / International jurisdiction First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 <IP Practice Online> “The forefront of standard-essential patents (SEPs): Practice in light of global litigation trends” (Akiko

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511584901020741632-ja Article information Content type: Publication review Categories: Trademarks / United States / China / South Korea / Europe / Other foreign jurisdictions Issues: Distinctiveness / Descriptive marks First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 [Trademarks / Article] “Onomatopoeia as trademarks: Current conditions in Japan and other countries” (Masako Nishi

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511585585791381504-ja Article information Content type: Administrative decision note Categories: Europe Issues: Claim interpretation / Inventive step First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 [EPO decision] T 0070/23 (Immunogenic compositions/GSK) <Issue> Whether “therapeutic efficacy,” which is not expressly stated in the claim, should be included in claim construction as

1. Definitions of use in Japan and Germany Japan's Patent Act uses the same term, use, for both product inventions (Article 2(3)(i)) and method inventions (item (ii)). German patent law, by contrast, strictly distinguishes its terminology according to the subject matter.

1. Claims ① Independent claims Japan: No limit.

<Main issues> ① Was InterDigital's final proposal (5G Extended Offer) FRAND? ② If not, what was the specific FRAND rate?

1. Expanding protection for image designs (GUI protection) European and US trends contrast. Europe (EU): The amended CDR (Council Regulation on EU Designs), enacted in October 2024, clarified that virtual objects can be protected without particular limitations. Protection is extremely broad.

1. Classification and identification of goods/services in virtual spaces Examination practice in different countries and regions shares the following understanding. “Virtual goods” alone is unclear in scope; the relevant content must be specifically identified, as in “downloadable virtual clothing.”

1. Branding by vegetable producers Separate breeders' rights from trademarks: Registered variety names enter the public domain after the protection term, so obtain trademark rights too. For brands closely linked to a region, strategically distinguish between the GI and regional collective trademark systems.

In Japan, the 2016 revision of the Examination Guidelines strengthened protection for food-use inventions, but overseas, national laws and examination practices differ greatly. 1. Permissible claims ① US: Product-use inventions are not recognized; draft as methods. A use in the preamble often has no limiting effect.