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日本語原文 / Japanese original Article information Article type: Case note Category: United States, Trademarks Topics: Extraterritorial application First published on this website: 2026-11-01 Display and classification checked: November 2, 2026 Originally published on Ameblo: 2024-09-24 (Japan time). Full English translation. https://ameblo.jp/hideki-takaishi/entry-12868714556.html [U.S./Trademark] U.S. Supreme Court, June 2023, Abitron v. Hetronic 97% of the defendant products'

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. Direct infringement (35 U.S.C. § 271(a)) (1) System inventions (NTP) Even if some components (servers, etc.) are outside the United States, use is considered domestic if the system is “controlled and beneficially used” in the United States, with its benefits enjoyed there.

Korean courts tend to interpret territoriality flexibly, assessing infringement primarily by whether acts of working the patent occur in Korea, regardless of the location of servers or assembly. 1. Servers located abroad (1) Seoul Central District Court, 2007, 2006 Gahap 73442

While retaining traditional territoriality (the principle that a patent’s effect is confined to the territory of that country), the article proposes “flexible application” to ensure the effectiveness of patent rights. In determining whether an act of working was performed in Japan, it emphasizes not only the actor’s location but also the “place where the act’s result occurs.”

(Vincenzo Jandoli, AIPPI Vol. 71, No. 3) Where components sold in its own country by a company outside Europe (e.g., China) are later incorporated into finished products that infringe a patent in Europe (e.g., Italy), this may constitute "contributory infringement."

[Body of a slider for a slide fastener] (Presiding Judge Shibuya) [Issue 1] Where components (sliders) manufactured and sold abroad are incorporated into finished products (bags, etc.) and distributed within Japan, does the component manufacturer bear liability for a joint tort or otherwise for infringement of a Japanese design right?

日本語版 / Japanese version Article information Type: Lectures and videos Classification: Patents, Trademarks, Designs, Copyright, Unfair competition law, Other Japanese law, United States, Other foreign jurisdictions Topics: IP management, Divisional applications, Added matter, Numerical limitations and parameters, Extraterritorial application First published on this site: 2023-12-30 Display and classification checked: 2026-11-14 <New YouTube Video> [Patents] IP Strategy That Se