NEW JUDGMENTS – Principle of Territoriality and Infringement of Japanese Patent Rights regarding “Network-Related Inventions”

1.          Summary

The Supreme Court of Japan rendered two unprecedented judgments on March 3, 2025, addressing the application of the principle of territoriality of patents to cross-border activities.

In short, the Supreme Court ruled for the first time in its history that cross-border activities, including the use of servers located outside Japan, can constitute the “implementation” of a patented invention and therefore an infringement of a Japanese patent right.

In this newsletter, we explain these judgments and provide our summary commentary on them.

View original article here.

[Authors]

Kenji Tosaki (Partner)
Takahiro Hatori
Nozomi Kato

 

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