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Newsletter (August 2020) │LAW Practice “Employer’s Duty to Implement Measures to Prevent Workplace Power Harassment”   ­­­­­­­­ While workstyles have been changing in Japan due to COVID-19, the Labor Policy Comprehensive Promotion Act (Act No.132 of 1966 amended by Act No. 24 of 2019) (the...

We are pleased to announce that Ms. Makiko Watanabe has joined our firm. Makiko has extensive experience in banking and finance transactions as well as general corporate matters at one of the Magic Circle London-based law firms in Japan. We are excited to have Makiko…

At Sonderhoff & Einsel, all but a few of our employees have been telecommuting since April 1 in response to the spread of the new coronavirus. However, due to the Government of Japan’s lifting of the State of Emergency, the firm will tentatively shift its…

Newsletter (May 2020) │IP Practice On April 16, 2020, the Supreme People's Court of China promulgated the "China Intellectual Property Rights Court Annual Report (2019)" (hereinafter referred to as "report"). The Intellectual Property Court of the Supreme People's Court of China, which was officially launched...

Newsletter (April 2020) │ Legal Affairs  NOTE:  This newsletter was prepared based on its Japanese version as of April 30, 2020 to supplement and update the information contained in our separate newsletter.  For a better understanding of the issues, please read together with our newsletter...

Newsletter (March 2020) │  Legal NOTE:  This newsletter was prepared based on its Japanese version as of March 27, 2020, and the information contained in this newsletter has been updated in our next newsletter (click here).     The amended Foreign Exchange and Foreign Trade...

Regarding the Grace Period (as of April 17, 2020) For the application of the exception to loss of novelty of invention, according to Article 30, Paragraph 2 (Grace Period) of the Patent Act, submission of a certificate which is an original document with a signature...

The Japan Patent Office (JPO) is open for all procedures, including electronic filings, but made the following announcement regarding the handling of applications for patents, utility models, designs and trademarks affected by COVID-19.     I. Periods designated by examiners In case it was unable...

The Japanese Ministry of Justice has pointed out the following on Friday, 03 April 2020:   Foreign nationals falling under the following criteria (see below) will be denied entry to Japan unless special, extraordinary circumstances apply.   Foreign nationals holding the following residence status: Permanent...

Facing the spread of infections with the new corona virus, our office had already implemented several measures to ensure the safety of our staff and the lag-free continuation of our operations, such as staggered work hours. We have now decided, with few exceptions, to let...

Newsletter (March 2020) │ IP Practice The outbreak of pneumonia caused by the novel coronavirus has severely affected various sectors in China. In the field of intellectual property, the restoration of patent related rights lost due to novel coronavirus-induced pneumonia is a problem that is...

An article written by Watanabe Naoki, one of our attorneys at law, has been published in the February 2020 issue of “Jiyu to Seigi” (Freedom and Justice), the bulletin of the Japan Federation of Bar Associations. The article introduces “Kodomo Roppou” (The Six Law Codes...

On February 05, 2019, S&E held an EU Design study session titled, “Design Protection in Europe – a Strong IP Right”.   S&E invited Dr. Achim Vierheilig, patent attorney of Klunker IP and Mr. Andreas Haberl, Attorney at law of Preu Bohlig.   At the...

We are pleased to announce that Mr. Naoki Watanabe and Mr. Shohei Teramae have joined our firm. Naoki was a partner at a Magic Circle UK firm and a global U.S.-based law firm in Tokyo and looks back on nearly three decades of practice as...

Due to the partial revision of the Patent Act and Design Act which passed the Diet in 2019, and as we reported on our website (https://se1910.com/news/201905-patent-law-news/), the following changes will be implemented on and after April 1, 2020.   Ⅰ. Revision of the Patent Act...

Date: Wednesday, February 5, 2020 Time: 18:30 - 20:45 Study Session 18:30 – 20:00 Reception (Exchanging business cards) 20:00 -20:45 Venue: Meeting room in S&E Theme: “Design Protection in Europe – a strong IP right” Speaker: Mr. Andreas Haberl, Certified IP specialist lawyer, Partner at...

We are pleased to announce that Sonderhoff & Einsel Law and Patent Office has been recommended by The Legal 500 in the practice area of “Intellectual property: Independent local firms” in Japan.  The Legal 500 Asia Pacific 2020 editorial recognized S&E as a firm that…

We are pleased to announce that Kengo Sakai, Attorney at Law, and Hideo Nagashima, Patent Attorney, have been promoted to partners of the firm, and Ms. Yasuyo Kimura, Attorney at Law, has been promoted to a counsel as of January 1, 2020.

Please note that our office will be closed during the following year-end holiday period: Saturday, December 28, 2019 to Sunday, January 5, 2020 A calendar showing our business days from January 6, 2020 can be found here. We wish you a very happy holiday season…

Newsletter (November 2018) │ IP Practice Ⅰ. Facts of the case   Appellee/Plaintiff Medion Research Laboratories Inc., who owns two patent rights concerning an invention entitled “Carbon Dioxide-Containing Viscous Composition”. Appellant/Defendant NeoChemir Inc. ,COSMEPRO CO.,Ltd ,AIRICA Co.,Ltd ,CHIARA MACCHIATO Co.,Ltd ,WINGSENSE CO.,Ltd ,Cosmebose Inc. ,CLEAR...

On November 06, 2019, S&E held an EU life science IP study session titled, “Patenting in the Field of Biotechnology, Biology and Pharmacy at the EPO – Problems and Possibilities”. S&E invited Dr. Nino Maria Bratovic, Dr. rer. nat., Dipl.-Phys, European and German patent attorney,…

On October 17, 2019, S&E held a European IP law seminar titled, “Recent patent law cases in EPO and BGH, and the recent recommendations for drafting effective patent claims and specifications”. For this seminar, S&E invited Dr. Erik Richly, LL.M. who is a German patent…

S&E invited Ms. Mamta Rani Jha, Indian attorney at law, partner, and head of the litigation practice of INTTL Advocare which is located in New Delhi, India. She has more than 18 years of experience in litigation, with expertise in intellectual property laws. At the…

On September 11, 2019, S&E held a German IP seminar on “Patent Infringement Litigation Cases and the Protection of Trade Secrets”. As speakers for this seminar, S&E invited Dr. Matthias Hülsewig, a partner of Preu Bohlig & Partner in Düsseldorf, and Dr. Axel Oldekop, a…

Newsletter (August 2019) │ IP Practice The patent linkage system for pharmaceutical products, which was added in response to the revised Taiwanese Pharmaceutical Affairs Law, has officially gone into effect. In addition, the enforcement rules and detailed procedures for implementing the patent linkage system have...

On July 25, 2019, Attorneys Ayuko Nemoto and Ryo Takamatsu of S&E gave a presentation titled “The 2019 Amendment of the Pharmaceuticals and Medical Devices Law and its Impact on Manufacturing Medical Devices” at the Legal & Compliance Committee of the American Medical Devices and…

On July 11, 2019, S&E sponsored a Latin America IP seminar on “Pharmaceutical and Biotechnical Inventions in Latin America”. At the seminar, Dr. Sergio Escorza, European patent attorney of Ungria, a Spanish firm specialized in intellectual property with many offices in the U.S. and Latin…

On June 21, 2019, S&E sponsored a US IP law seminar titled, “Applying Extraterritoriality of US Patents: Effect on the Patent Practices of Japanese Companies.” The speakers were Professor Toshiko Takenaka who, while teaching at prominent universities such as Keio University Law School and Washington…

The draft law for the partial revision of the Patent Act was passed and adopted by the Cabinet on May 10, 2019 and announced on May 17, 2019. This revision will create a new system for collecting evidence in a potential infringement matter where an…

On June 6, 2019: S&E held a study group on the Intellectual Property in China and Taiwan at Sonderhoff and Einsel’s firm office. Ms. Xiaofen Wu (Chinese patent attorney) of S&E gave a presentation on the “Patent Linkage System in China and Taiwan”, in which…

The Licensing Executives Society International (LESI) held an annual conference in Yokohama, Japan at the Pacifico Yokohama during May 26 through May 28, 2019. On May 28, 2019, Mr. Felix Einsel gave a presentation on “AI – a danger or chance for the job of…

The Chinese Patent Law Seminar organized by the Hamburg Office was held on May 13, 2019 (Hamburg) and May 16 (Frankfurt). At this seminar, patent attorneys from the Hamburg, Beijing, and Tokyo offices provided an overview of the latest trends in China’s patent law and…

Sonderhoff & Einsel’s Ayuko Nemoto was interviewed by the INTA on the topic titled “Artificial Intelligence and Intellectual Property in Japan: A Deep Dive into Applications, and Legal and Policy Issues”. The interview was released by the INTA as a podcast on March 12, 2019….

We would like to inform you that our office and the Japan Patent Office are closed for ten consecutive days for the “Golden Week” holidays as follows: Monday, April 29, 2019 until Monday, May 6, 2019 Information on our business hours can also be found…

According to JPO statistics, the number of patent applications filed in Japan decreased by 1.6%, while the number of design applications and trademark applications　increased by 1.0% and 4.8% respectively. This increase in the number of trademark applications could indicate a tendency by companies toward brand…

On April 1, 2019, a new system will be introduced for the reduction of patent examination application and other fees. This system can be applied to all applications filed on or after April 1, 2019, regardless of the filing date. The beneficiaries of this system…

Sonderhoff & Einsel Law and Patent Office is pleased to announce that we have welcomed three new patent attorneys: Saori MAEKAWA, Dr. Kazunari YOKOYAMA and Hisako TANAKA. Since her registration as a patent attorney in 2001, Ms. Maekawa has been involved in a wealth of…

We are pleased to announce that Mr. Felix-Reinhard Einsel and Mr. Hiroshi Morita have been recommended in the practice area of “Intellectual Property: Independent Local Firms” in the Legal 500 Asia Pacific 2019 editorial.　Mr. Einsel has been highlighted as a patent attorney who has an…

Recently, we at Sonderhoff & Einsel Law and Patent Office have welcomed Mr. Martin Krause, who is registered as both a German patent attorney and European patent attorney, to our sister office (EINSEL Attorney at Law und Rechtsanwälte PartmbB) located in Hamburg, Germany.   We...

Due to an enforcement of a revision regarding unfair competition law etc. in Japan, the fee for examination request for patent applications will increase from April 1, 2019. This new fee will be applied to patent applications filed on or after April 1, 2019. The…

Newsletter (November 2018) │ IP Practice In Patent Law, a Markush claim is a special type of claim commonly used in the chemical and pharmaceutical fields when there are a number of variables in one claim and each variable has multiple options. Once a compound...

Please note that our office will be closed during following year-end holiday period:   Monday, December 31, 2018 to Thursday, January 3, 2019   A calendar showing our business days from January 4, 2019 can be found here.   We wish you a very happy...

On December 10th and 12th, 2018, Mr. Felix Einsel gave a presentation over the course of six hours on the utilization and practice of intellectual property in the EU at the WE2 Study Group held by the Japan Intellectual Property Association (JIPA). He explained the...

On November 30, 2017, S&E and the EU-Japan Centre for Industrial Cooperation held an event at the Delegation of the European Union with regard to recent developments in EU and Japanese IP and privacy law.  The event offered an update as to how the European...

On November 30, 2017, S&E and the EU-Japan Center for Industrial Cooperation will conduct a seminar titled, “Recent Developments in EU and Japanese IP and Privacy Law” at the Delegation of the European Union. The details are as follows:   Date & Time: Friday, 30...

Mr. Martin Krause, a German Patent Attorney and European Patent Attorney, started working at Einsel Attorney at Law und Rechtsanwälte PartmbB, our partner office located in Hamburg, on 01 November 2018. Mr. Krause has extensive experience working for industrial enterprises in Germany, in particular in...

Sonderhoff & Einsel’s patent attorneys, Xiaofen Wu , Hiroshi Morita, and attorney-at-law, Ayuko Nemoto, gave a seminar on IP in China and Taiwan, which was held by Johokiko Co., Ltd. Currently, legal systems regarding the management of pharmaceuticals are taking shape in China and Taiwan and...

Newsletter (August 2018) │ Law Practice The #MeToo movement has spread like wildfire in the US, and thanks to social media, the hashtag has brought increased awareness of sexual harassment in the workplace.  The #MeToo movement has also gained footing in Japan, with increased media...

Newsletter (July 2018) │ Tax Practice 1. Corporate Tax   Key points under the 2018 Tax Reform Revision of salary increase tax credit which should benefit corporations Disallowance of tax credits for large-sized corporations Introduction of tax incentives for investment in data collaboration assets Filling tax...

On July 24, 2018, S&E sponsored a US IP seminar on the recent trends in the US Supreme Court’s and Court of Appeals for the Federal Circuit’s decisions and their impact on the patent practices of Japanese corporations. The speaker was Professor Toshiko Takenaka who,...

The "Bill for Amendment of the Unfair Competition Prevention Law" in Japan, which was approved by the Cabinet on February 27, 2018, was passed on May 23, 2018. This amended law was promulgated on May 30, 2018 and will be implemented on June 9, 2018....

Xiaofen Wu (Patent Attorney) and Ayuko Nemoto (Attorney at Law) from Sonderhoff and Einsel will give a presentation at this seminar, which is being hosted by Johokiko Co., Ltd.. The topics to be covered at the seminar range from the essential basics on the patent linkage...

We are pleased to announce the May 2018 issue of Sonderhoff & Einsel China IP Newsletter. In the Chinese pharmaceutical industry, claims written in the form “the use of substance X in preventing or treating Y disease” are not protected under Chinese patent law. Therefore,...

On April 25, 2018 Sonderhoff & Einsel Law and Patent Office sponsored a seminar in Tokyo for Domnern Somgiat & Boonma Law Office Ltd. from Thailand regarding the prosecution and enforcement of IP rights in Thailand. DS&B presented on the recent and planned revisions to...

On April 20, 2018 Felix Einsel gave a presentation in Melbourne, Australia, at the Annual Conference for IPTA (The Institute of Patent and Trademark Attorneys of Australia). In the business session titled “Taking Adverse Examination Decisions on Appeal, and other Advanced Patent Office Proceedings in...

We are pleased to announce the February 2018 issue of Sonderhoff & Einsel Taiwan IP Newsletter. The Legislative Yuan (equivalent to the Japanese national Diet) passed a proposal for the partial revision of the Pharmaceutical Affairs Law on December 29, 2017. The revision and newly...

On February 15, 2018, Ayuko Nemoto and Grant Tanabe gave a presentation to the Japan In-House Counsel Network (JICN) titled, “Workplace Harassment Comes in Many Forms: How Can You Help Your Company Prevent and Deal with Harassment in the Workplace?”

We are pleased to announce the December 2017 issue of Sonderhoff & Einsel China IP Newsletter.   Patent linkage is a system where a country links drug marketing approval of a generic drug to the status of the patents related to the originator’s product. In China, there have...

On December 13, 2017, Felix Einsel gave a presentation on German patent law for the seminar titled, “Introduction to Comparative Intellectual Property Law” of the Graduate School of Intellectual Property at the Osaka Institute of Technology.

On December 8, 2017, Felix Einsel gave a presentation over 6 hours on the utilization and practice of intellectual property in the EU at the WE21 Study Group held by the Japan Intellectual Property Association (JIPA). He explained the current developments in intellectual property in...

On December 8, 2017, Ayuko Nemoto and Kengo Sakai gave a presentation to the Japan Pharmaceutical Industry Legal Affairs Association’s Study Group on International Issues titled, “License Agreements with U.S. Companies: Provisions Which Japanese Companies Should Carefully Consider – With a Focus on Provisions Regarding...

On October 10, 2017, Felix Einsel, Nobuchika Mamine, Kengo Sakai and Ayano Ueda gave presentations jointly with the German law firm Preu Bohlig & Partner and Japanese-German Business Association (DJW) in Düsseldorf. Mr. Einsel presented on opposition after patent grants in Japan; Mr. Mamine’s presentation...

On October 5, 2017, Felix Einsel, Nobuchika Mamine, Kengo Sakai and Ayano Ueda gave presentations jointly with the German law firm of Preu Bohlig & Partner in Munich. Mr. Einsel presented on recent developments of opposition proceedings against patents granted in Japan; Mr. Mamine’s presentation...

We are pleased to announce the October 2017 issue of Sonderhoff & Einsel China IP Newsletter.   The average time period for a patent examination is currently 22 months in China, which is not necessarily long. However, considering the serious risk of patent infringement by copied products, there...

On September 28, 2017, Grant Tanabe and Ayuko Nemoto will give a presentation jointly with the German law firm Preu Bohlig & Partner at the EU-Japan Centre for Industrial Cooperation, details of which are as follows: Date & Time: Thursday, 28 September 2017, 14:00 –...

On September 27, 2017, S&E will sponsor a seminar for the German law firms Preu Bohlig & Partner and Prüfer & Partner who will present on the prosecution and exercise of patent and utility model rights in Europe and Germany. The details of the seminar...

We are pleased to announce the August 2017 issue of Sonderhoff & Einsel China IP Newsletter.   On April 27, 2017, the China Supreme People’s Court announced in the "Current Situation of Judicial Protection of IP Rights by the Supreme People's Court (2016)" ("White Paper"), ten court decisions...

Shogo Matsunaga will give a presentation titled “Biobank Contract Issues” for JMAC’s Life Science Innovation Forum 3’s “Medical Treatment and Biobanking in the Post Genome Era” which will take place on September 8, 2017 from 12:00. Please see below for more details. Date: Friday, September...

On July 12, 2017, Atsushi Yamashita, Ayuko Nemoto and Hiroshi Morita gave a presentation titled “A Comparison of General Terms Used in English Contracts – With a Focus on Japanese and New York Law”, and Nobuchika Mamine gave a presentation titled “A Comparison of General...

On April 25, 2017 and on July 10, 2017, Atsushi Yamashita and Nobuchika Mamine gave the following presentations at one of the monthly seminars of the Japanese Institute of International Business Law, Inc. (kokusaishojiho-kenkyusho):   “The Advantages in Investing in Germany, and the Basic Knowledge...

On May 30, 2017 in Tokyo and on June 1, 2017 in Osaka, Sonderhoff & Einsel Law and Patent Office held a joint IP seminars with the AIP Patent & Law Firm from Korea, which includes attorneys and patent attorneys who have broad experience working...

“On May 17, 2017, Makoto Ohsugi and Grant Tanabe gave a presentation titled, “Japan’s Labor Officials Newly Aggressive Actions To Enforce Overtime Regulations - Overview of the MHLW’s Team to Eliminate Excessive Work and Practical Ways Companies Can Deal with Overtime Issues” to over 100 in-house...

We are pleased to announce that the Japanese version of the website for our partner office in China has been uploaded. Please click here.

We are pleased to announce that our firm was ranked in the practice area of “Patent Prosecution” in IP Stars 2017 issued by the Managing Intellectual Property. Please click here for more details.

We are pleased to announce the March 2017 issue of Sonderhoff & Einsel IP Newsletter.   New types of trademarks involving sound, movement, position, holograms, and color have been eligible for registration in Japan since the revision of the Trademark Law in 2015. As of February 20,...

We are pleased to announce the February 2017 issue of Sonderhoff & Einsel IP Newsletter.   The plaintiff, X, filed an invalidation trial against a patent held by defendant ROHTO Pharmaceutical Co. Ltd. which claimed a violation of the clarity of claims requirement based on the lack...

We are pleased to announce the January 2017 issue of Sonderhoff & Einsel IP Newsletter.   The plaintiff, a Swiss pharmaceutical company called Debiopharm, requested an injunction against defendant Towa Pharmaceutical Co. Ltd. (a generic pharmaceutical drug manufacturer) and removal from the market of Towa’s alleged infringing...

On January 1 of this year, amendments to Japan’s childcare and family care leave act became effective, and although the amendments are not substantial and more incremental in nature, it is important that employers implement these detailed changes into their company’s existing work rules so...

The calendar to show the business days from December 2016 onwards can be found here.

Please be informed that Sonderhoff & Einsel Law and Patent Office will hold a seminar jointly with the German law firm Preu Bohlig & Partner and the EU-Japan Centre for Industrial Cooperation, details of which are as follows:   Date & Time: Tuesday, 22 November…

Please be informed that Sonderhoff & Einsel Law and Patent Office will hold a seminar jointly with a German law firm Preu Bohlig & Partner on patent infringement litigation in Germany and employee invention in Germany, details of which are as follows: Time: Monday, 21st…

We are pleased to announce the October 2016 issue of Sonderhoff & Einsel Tax Newsletter, outlining key points that dependents living abroad should have in mind. For more information, please feel free to contact our tax consultants. Download PDF

Sonderhoff & Einsel has been featured in Japan Lawyers Guide 2016/2017 (LexisNexis).  Please see below for further details. Download PDF

September 2016 Tax Newsletter has been published.  For details, please check the following PDF. Download PDF>

September 2016 Tax Newsletter has been published. PDFをダウンロード＞

“Maxacalcitol” Manufacturing Process Patent Case Subject: equivalent infringement This case is a groundbreaking infringement case with regard to the doctrine of equivalents (DOE) in Japan. Here, the originator of “Maxacalcitol” (plaintiff) filed a patent infringement suit against several generic manufacturers (defendants) and the decision was…

Please note that Monday 19th September 2016 and Thursday 22nd September are public holidays in Japan. Our office will be closed on these days.   A list of all Japanese public holidays for the remaining year can be found on our contact page.

Nikkei Shinbun on the Brexit and possible implications for the European Unitary Patent   Great Britain’s vote to leave the European Union and its possible implications for the European Unitary Patent system have also been a topic of interest in the Japanese media, as for…

A new patent attorney, Hiroshi Morita, has joined the Firm.  Please click here for more details.

On June 11th, 2016 Japan’s accession to the International Patent Law Treaty will take effect. Various changes in the Japanese Patent Law related to Japan joining the treaty have recently come into force, of which we are providing an overview in this article. Further, we…

Revised Examination Guidelines allow patenting of food/drink inventions   According to the Examination Guidelines in place before the revision, it used to be considered that the discovery of a new attribute of publicly-known foods provides no new application which is distinguishable from publicly-known foods. Therefore,…

Related revision of the Japanese Patent Law Upon joining the Patent Law Treaty (PLT), Japanese Patent Law was partially revised in 2015 with the aim of integrating and streamlining formal procedures so as to improve user-friendliness and mitigate the applicants’ burden. This treaty will come…

1. Outline of the Amendment (Article 35, Paragraphs 1 to 7) When an invention is made by an employee, the right to obtain a patent belongs to the employer, if any provision in an agreement, work rules or any other contract stipulates in advance that…

Please be informed that Sonderhoff & Einsel Law and Patent Office will invite Ms. Toshiko Takenaka, Ph.D, of the Washington University School of Law, Professor of Technology Law, for a seminar entitled “Drafting Strategy of U.S. Patent Claim and Specification for Obtaining Extensive Rights Resistant…

Until March 31st, 2016 it was only possible to file a foreign language patent application in English. However, in accordance with revisions by the JPO, from April 1, 2016 it became possible to file a foreign language patent application with documents in other foreign languages…

Please note that the following days are public holidays in Japan, the so-called “Golden Week”. Our office will therefore be closed on: Friday, April 29, 2016 Tuesday, May 3rd to Thursday, May 5th, 2016   Since the Patent Office is also closed on these days,…

Art. 67 (2) Patent Act: extension for inventions underlying approval procedure   Following the decision of the Supreme Court of Japan (Decision of the Third Petty Bench of the Supreme Court, Nov. 17, 2015 (2014 (Gyo Hi) No. 356)), the Japanese Examination Guidelines for Extension of...

The complexities of Japanese labor law affect all companies doing business and hiring people in Japan. Understanding the regulations and recent reforms thereof can be particularly challenging for subsidiaries of foreign firms. In this seminar in the German Chamber of Commerce’s Human Resources Event Series, Mr. Makoto…

We would like to inform you about recent and upcoming revisions by the Japan Patent Office. The first article of this Sonderhoff & Einsel News Update looks at the revision of the “Examination guidelines for Patents and Utility Models in Japan”. The second article outlines…

As part of the enforcement of the Amended Patent Act and Other Acts etc. of 2015, the official fees of the Japan Patent Office related to patents and trademarks were revised as of April 1, 2016 (the “Effective Date”). In addition, the handling of extensions of...

Please note that Monday, March 21st 2016 is a public holiday in Japan. Our office will be closed on this day. A list of all Japanese public holidays for the remaining year can be found on our contact page.

The German Engineering Federation (VDMA) is hosting a workshop on the protection of intellectual property and on competition law in the European Union, Japan and China. How can member firms, mostly medium-sized companies in the capital goods industry, protect their innovations in jurisdictions inside and…

Makoto Ohsugi and Robert Rauther will be presenting a case study on the protection of technical and operational know-how under Japanese law at Augsburg University’s “Winter School” which focuses on Japanese case law on February 19th, 2016. The three-day event (February 19-21), jointly organized by the…

Please note that Thursday, February 11th 2016 is a public holiday in Japan. Our office will be closed on this day. A list of all Japanese public holidays for the remaining year can be found on our contact page.

As announced on 16 September 2015, the revised ‘Examination Guidelines for Patent and Utility Model in Japan’ (henceforth ‘Revised Examination Guidelines’) and the revised ‘Examination Handbook for Patent and Utility Model in Japan’ (henceforth ‘Revised Examination Handbook’) has been be applied to the examination of…

As announced on 16 September 2015, the revised ‘Examination Guidelines for Patent and Utility Model in Japan’ (henceforth ‘Revised Examination Guidelines’) and the revised ‘Examination Handbook for Patent and Utility Model in Japan’ (henceforth ‘Revised Examination Handbook’) has been be applied to the examination of…

Please find below a news update of our IP and Law practice groups. In this issue, we are covering a recent Supreme Court decision regarding the extension of patent terms for pharmaceutical products and the potential impact of changes to the Worker’s Dispatch Law on companies….

Insight on Potential  Extension of Patent Term for Pharmaceutical Products On 17 November, 2015, the Supreme Court of Japan released a key decision that highlighted certain criteria which would allow an owner of a pharmaceutical patent to extend the term of its patent based on…

Impact on Companies In 2012, the Workers Dispatch Act (“Act”) was amended to impose a new obligation on companies to directly hire dispatched workers under certain conditions when using temporary employment agencies (“Agency”).  The amendment provided a three year period to allow for companies to…

Please note that our office will be closed on Wednesday, Dec 23rd, 2015 and for the Japanese year-end holidays from Dec 29th, 2015 to Jan 3rd, 2016.

Please note that Tuesday, Nov 3rd 2015 and Monday, Nov 23rd 2015 are public holidays in Japan. Our office will be closed on these days. A list of all Japanese public holidays for the remaining year can be found on our contact page.

We are pleased to announce the August 2015 issue of the Sonderhoff & Einsel Tax News, outlining key points of the recent tax reform in Japan (PDF file for Download, in English).   For more detailed information please feel free to contact our tax consultants....

The “Draft of the Act for the Partial Revision of the Patent Act and Other Acts”, approved by the Cabinet of Japan on March 13, 2015, was passed by Parliament on July 3, 2015 and promulgated as Act No. 55 on July 10, 2015.  ...

This month’s news update is covering topics such as corporate governance, a new EU succession regulation which affects EU citizens in Japan, and new tax relief for taxpayers with dependents living abroad.   If you have any questions about these articles or any other legal...

On September 9th, 2015, the Supreme Court of Japan affirmed the lower courts’ decisions in an infringement case regarding a click-wheel on Apple’s “iPod” product. For more information about this key decision, please see the downloadable news update.   Download >

Date: October 1, 2015 (Thu) 09:00-11:00 Venue: German Chamber of Commerce in Japan, Sanbancho KS Bldg., 5F, 2-4 Sanbancho, Chiyoda-ku, Tokyo Speakers: Mr. Nobuchika Mamine, Attorney-at-Law (Germany) Mr. Shogo Matsunaga, Attorney-at-Law (Japan)

Please join us for this seminar co-organised by Sonderhoff & Einsel and the EU-Japan Centre for Industrial Cooperation. The seminar’s presentations will address recent trends in the field of Intellectual Property in Japan and Europe, followed by a panel discussion on trade secrets and a networking…

On February 05, 2019, S&E held an EU Design study session titled, “Design Protection in Europe – a Strong IP Right”.   S&E invited Dr. Achim Vierheilig, patent attorney of Klunker IP and Mr. Andreas Haberl, Attorney at law of Preu Bohlig.   At the...

Date: Wednesday, February 5, 2020 Time: 18:30 - 20:45 Study Session 18:30 – 20:00 Reception (Exchanging business cards) 20:00 -20:45 Venue: Meeting room in S&E Theme: “Design Protection in Europe – a strong IP right” Speaker: Mr. Andreas Haberl, Certified IP specialist lawyer, Partner at...

On November 06, 2019, S&E held an EU life science IP study session titled, “Patenting in the Field of Biotechnology, Biology and Pharmacy at the EPO – Problems and Possibilities”. S&E invited Dr. Nino Maria Bratovic, Dr. rer. nat., Dipl.-Phys, European and German patent attorney,…

On October 17, 2019, S&E held a European IP law seminar titled, “Recent patent law cases in EPO and BGH, and the recent recommendations for drafting effective patent claims and specifications”. For this seminar, S&E invited Dr. Erik Richly, LL.M. who is a German patent…

S&E invited Ms. Mamta Rani Jha, Indian attorney at law, partner, and head of the litigation practice of INTTL Advocare which is located in New Delhi, India. She has more than 18 years of experience in litigation, with expertise in intellectual property laws. At the…

On September 11, 2019, S&E held a German IP seminar on “Patent Infringement Litigation Cases and the Protection of Trade Secrets”. As speakers for this seminar, S&E invited Dr. Matthias Hülsewig, a partner of Preu Bohlig & Partner in Düsseldorf, and Dr. Axel Oldekop, a…

On July 25, 2019, Attorneys Ayuko Nemoto and Ryo Takamatsu of S&E gave a presentation titled “The 2019 Amendment of the Pharmaceuticals and Medical Devices Law and its Impact on Manufacturing Medical Devices” at the Legal & Compliance Committee of the American Medical Devices and…

On July 11, 2019, S&E sponsored a Latin America IP seminar on “Pharmaceutical and Biotechnical Inventions in Latin America”. At the seminar, Dr. Sergio Escorza, European patent attorney of Ungria, a Spanish firm specialized in intellectual property with many offices in the U.S. and Latin…

On June 21, 2019, S&E sponsored a US IP law seminar titled, “Applying Extraterritoriality of US Patents: Effect on the Patent Practices of Japanese Companies.” The speakers were Professor Toshiko Takenaka who, while teaching at prominent universities such as Keio University Law School and Washington…

On June 6, 2019: S&E held a study group on the Intellectual Property in China and Taiwan at Sonderhoff and Einsel’s firm office. Ms. Xiaofen Wu (Chinese patent attorney) of S&E gave a presentation on the “Patent Linkage System in China and Taiwan”, in which…

The Licensing Executives Society International (LESI) held an annual conference in Yokohama, Japan at the Pacifico Yokohama during May 26 through May 28, 2019. On May 28, 2019, Mr. Felix Einsel gave a presentation on “AI – a danger or chance for the job of…

The Chinese Patent Law Seminar organized by the Hamburg Office was held on May 13, 2019 (Hamburg) and May 16 (Frankfurt). At this seminar, patent attorneys from the Hamburg, Beijing, and Tokyo offices provided an overview of the latest trends in China’s patent law and…

Recently, we at Sonderhoff & Einsel Law and Patent Office have welcomed Mr. Martin Krause, who is registered as both a German patent attorney and European patent attorney, to our sister office (EINSEL Attorney at Law und Rechtsanwälte PartmbB) located in Hamburg, Germany.   We...

On December 10th and 12th, 2018, Mr. Felix Einsel gave a presentation over the course of six hours on the utilization and practice of intellectual property in the EU at the WE2 Study Group held by the Japan Intellectual Property Association (JIPA). He explained the...

On November 30, 2017, S&E and the EU-Japan Centre for Industrial Cooperation held an event at the Delegation of the European Union with regard to recent developments in EU and Japanese IP and privacy law.  The event offered an update as to how the European...

On November 30, 2017, S&E and the EU-Japan Center for Industrial Cooperation will conduct a seminar titled, “Recent Developments in EU and Japanese IP and Privacy Law” at the Delegation of the European Union. The details are as follows:   Date & Time: Friday, 30...

Sonderhoff & Einsel’s patent attorneys, Xiaofen Wu , Hiroshi Morita, and attorney-at-law, Ayuko Nemoto, gave a seminar on IP in China and Taiwan, which was held by Johokiko Co., Ltd. Currently, legal systems regarding the management of pharmaceuticals are taking shape in China and Taiwan and...

On July 24, 2018, S&E sponsored a US IP seminar on the recent trends in the US Supreme Court’s and Court of Appeals for the Federal Circuit’s decisions and their impact on the patent practices of Japanese corporations. The speaker was Professor Toshiko Takenaka who,...

Xiaofen Wu (Patent Attorney) and Ayuko Nemoto (Attorney at Law) from Sonderhoff and Einsel will give a presentation at this seminar, which is being hosted by Johokiko Co., Ltd.. The topics to be covered at the seminar range from the essential basics on the patent linkage...

On April 25, 2018 Sonderhoff & Einsel Law and Patent Office sponsored a seminar in Tokyo for Domnern Somgiat & Boonma Law Office Ltd. from Thailand regarding the prosecution and enforcement of IP rights in Thailand. DS&B presented on the recent and planned revisions to...

On April 20, 2018 Felix Einsel gave a presentation in Melbourne, Australia, at the Annual Conference for IPTA (The Institute of Patent and Trademark Attorneys of Australia). In the business session titled “Taking Adverse Examination Decisions on Appeal, and other Advanced Patent Office Proceedings in...

On February 15, 2018, Ayuko Nemoto and Grant Tanabe gave a presentation to the Japan In-House Counsel Network (JICN) titled, “Workplace Harassment Comes in Many Forms: How Can You Help Your Company Prevent and Deal with Harassment in the Workplace?”

On December 13, 2017, Felix Einsel gave a presentation on German patent law for the seminar titled, “Introduction to Comparative Intellectual Property Law” of the Graduate School of Intellectual Property at the Osaka Institute of Technology.

On December 8, 2017, Felix Einsel gave a presentation over 6 hours on the utilization and practice of intellectual property in the EU at the WE21 Study Group held by the Japan Intellectual Property Association (JIPA). He explained the current developments in intellectual property in...

On December 8, 2017, Ayuko Nemoto and Kengo Sakai gave a presentation to the Japan Pharmaceutical Industry Legal Affairs Association’s Study Group on International Issues titled, “License Agreements with U.S. Companies: Provisions Which Japanese Companies Should Carefully Consider – With a Focus on Provisions Regarding...

On October 10, 2017, Felix Einsel, Nobuchika Mamine, Kengo Sakai and Ayano Ueda gave presentations jointly with the German law firm Preu Bohlig & Partner and Japanese-German Business Association (DJW) in Düsseldorf. Mr. Einsel presented on opposition after patent grants in Japan; Mr. Mamine’s presentation...

On October 5, 2017, Felix Einsel, Nobuchika Mamine, Kengo Sakai and Ayano Ueda gave presentations jointly with the German law firm of Preu Bohlig & Partner in Munich. Mr. Einsel presented on recent developments of opposition proceedings against patents granted in Japan; Mr. Mamine’s presentation...

On September 28, 2017, Grant Tanabe and Ayuko Nemoto will give a presentation jointly with the German law firm Preu Bohlig & Partner at the EU-Japan Centre for Industrial Cooperation, details of which are as follows: Date & Time: Thursday, 28 September 2017, 14:00 –...

On September 27, 2017, S&E will sponsor a seminar for the German law firms Preu Bohlig & Partner and Prüfer & Partner who will present on the prosecution and exercise of patent and utility model rights in Europe and Germany. The details of the seminar...

Shogo Matsunaga will give a presentation titled “Biobank Contract Issues” for JMAC’s Life Science Innovation Forum 3’s “Medical Treatment and Biobanking in the Post Genome Era” which will take place on September 8, 2017 from 12:00. Please see below for more details. Date: Friday, September...

On July 12, 2017, Atsushi Yamashita, Ayuko Nemoto and Hiroshi Morita gave a presentation titled “A Comparison of General Terms Used in English Contracts – With a Focus on Japanese and New York Law”, and Nobuchika Mamine gave a presentation titled “A Comparison of General...

On April 25, 2017 and on July 10, 2017, Atsushi Yamashita and Nobuchika Mamine gave the following presentations at one of the monthly seminars of the Japanese Institute of International Business Law, Inc. (kokusaishojiho-kenkyusho):   “The Advantages in Investing in Germany, and the Basic Knowledge...

On May 30, 2017 in Tokyo and on June 1, 2017 in Osaka, Sonderhoff & Einsel Law and Patent Office held a joint IP seminars with the AIP Patent & Law Firm from Korea, which includes attorneys and patent attorneys who have broad experience working...

“On May 17, 2017, Makoto Ohsugi and Grant Tanabe gave a presentation titled, “Japan’s Labor Officials Newly Aggressive Actions To Enforce Overtime Regulations - Overview of the MHLW’s Team to Eliminate Excessive Work and Practical Ways Companies Can Deal with Overtime Issues” to over 100 in-house...

Please be informed that Sonderhoff & Einsel Law and Patent Office will hold a seminar jointly with the German law firm Preu Bohlig & Partner and the EU-Japan Centre for Industrial Cooperation, details of which are as follows:   Date & Time: Tuesday, 22 November…

Please be informed that Sonderhoff & Einsel Law and Patent Office will hold a seminar jointly with a German law firm Preu Bohlig & Partner on patent infringement litigation in Germany and employee invention in Germany, details of which are as follows: Time: Monday, 21st…

Please be informed that Sonderhoff & Einsel Law and Patent Office will invite Ms. Toshiko Takenaka, Ph.D, of the Washington University School of Law, Professor of Technology Law, for a seminar entitled “Drafting Strategy of U.S. Patent Claim and Specification for Obtaining Extensive Rights Resistant…

The complexities of Japanese labor law affect all companies doing business and hiring people in Japan. Understanding the regulations and recent reforms thereof can be particularly challenging for subsidiaries of foreign firms. In this seminar in the German Chamber of Commerce’s Human Resources Event Series, Mr. Makoto…

The German Engineering Federation (VDMA) is hosting a workshop on the protection of intellectual property and on competition law in the European Union, Japan and China. How can member firms, mostly medium-sized companies in the capital goods industry, protect their innovations in jurisdictions inside and…

Makoto Ohsugi and Robert Rauther will be presenting a case study on the protection of technical and operational know-how under Japanese law at Augsburg University’s “Winter School” which focuses on Japanese case law on February 19th, 2016. The three-day event (February 19-21), jointly organized by the…

Date: October 1, 2015 (Thu) 09:00-11:00 Venue: German Chamber of Commerce in Japan, Sanbancho KS Bldg., 5F, 2-4 Sanbancho, Chiyoda-ku, Tokyo Speakers: Mr. Nobuchika Mamine, Attorney-at-Law (Germany) Mr. Shogo Matsunaga, Attorney-at-Law (Japan)

Please join us for this seminar co-organised by Sonderhoff & Einsel and the EU-Japan Centre for Industrial Cooperation. The seminar’s presentations will address recent trends in the field of Intellectual Property in Japan and Europe, followed by a panel discussion on trade secrets and a networking…

Newsletter (August 2020) │LAW Practice “Employer’s Duty to Implement Measures to Prevent Workplace Power Harassment”   ­­­­­­­­ While workstyles have been changing in Japan due to COVID-19, the Labor Policy Comprehensive Promotion Act (Act No.132 of 1966 amended by Act No. 24 of 2019) (the...

Newsletter (May 2020) │IP Practice On April 16, 2020, the Supreme People's Court of China promulgated the "China Intellectual Property Rights Court Annual Report (2019)" (hereinafter referred to as "report"). The Intellectual Property Court of the Supreme People's Court of China, which was officially launched...

Newsletter (April 2020) │ Legal Affairs  NOTE:  This newsletter was prepared based on its Japanese version as of April 30, 2020 to supplement and update the information contained in our separate newsletter.  For a better understanding of the issues, please read together with our newsletter...

Newsletter (March 2020) │  Legal NOTE:  This newsletter was prepared based on its Japanese version as of March 27, 2020, and the information contained in this newsletter has been updated in our next newsletter (click here).     The amended Foreign Exchange and Foreign Trade...

Newsletter (March 2020) │ IP Practice The outbreak of pneumonia caused by the novel coronavirus has severely affected various sectors in China. In the field of intellectual property, the restoration of patent related rights lost due to novel coronavirus-induced pneumonia is a problem that is...

Newsletter (November 2018) │ IP Practice Ⅰ. Facts of the case   Appellee/Plaintiff Medion Research Laboratories Inc., who owns two patent rights concerning an invention entitled “Carbon Dioxide-Containing Viscous Composition”. Appellant/Defendant NeoChemir Inc. ,COSMEPRO CO.,Ltd ,AIRICA Co.,Ltd ,CHIARA MACCHIATO Co.,Ltd ,WINGSENSE CO.,Ltd ,Cosmebose Inc. ,CLEAR...

Newsletter (August 2019) │ IP Practice The patent linkage system for pharmaceutical products, which was added in response to the revised Taiwanese Pharmaceutical Affairs Law, has officially gone into effect. In addition, the enforcement rules and detailed procedures for implementing the patent linkage system have...

Newsletter (November 2018) │ IP Practice In Patent Law, a Markush claim is a special type of claim commonly used in the chemical and pharmaceutical fields when there are a number of variables in one claim and each variable has multiple options. Once a compound...

Newsletter (August 2018) │ Law Practice The #MeToo movement has spread like wildfire in the US, and thanks to social media, the hashtag has brought increased awareness of sexual harassment in the workplace.  The #MeToo movement has also gained footing in Japan, with increased media...

Newsletter (July 2018) │ Tax Practice 1. Corporate Tax   Key points under the 2018 Tax Reform Revision of salary increase tax credit which should benefit corporations Disallowance of tax credits for large-sized corporations Introduction of tax incentives for investment in data collaboration assets Filling tax...

We are pleased to announce the May 2018 issue of Sonderhoff & Einsel China IP Newsletter. In the Chinese pharmaceutical industry, claims written in the form “the use of substance X in preventing or treating Y disease” are not protected under Chinese patent law. Therefore,...

We are pleased to announce the February 2018 issue of Sonderhoff & Einsel Taiwan IP Newsletter. The Legislative Yuan (equivalent to the Japanese national Diet) passed a proposal for the partial revision of the Pharmaceutical Affairs Law on December 29, 2017. The revision and newly...

We are pleased to announce the December 2017 issue of Sonderhoff & Einsel China IP Newsletter.   Patent linkage is a system where a country links drug marketing approval of a generic drug to the status of the patents related to the originator’s product. In China, there have...

We are pleased to announce the October 2017 issue of Sonderhoff & Einsel China IP Newsletter.   The average time period for a patent examination is currently 22 months in China, which is not necessarily long. However, considering the serious risk of patent infringement by copied products, there...

We are pleased to announce the August 2017 issue of Sonderhoff & Einsel China IP Newsletter.   On April 27, 2017, the China Supreme People’s Court announced in the "Current Situation of Judicial Protection of IP Rights by the Supreme People's Court (2016)" ("White Paper"), ten court decisions...

We are pleased to announce the March 2017 issue of Sonderhoff & Einsel IP Newsletter.   New types of trademarks involving sound, movement, position, holograms, and color have been eligible for registration in Japan since the revision of the Trademark Law in 2015. As of February 20,...

We are pleased to announce the February 2017 issue of Sonderhoff & Einsel IP Newsletter.   The plaintiff, X, filed an invalidation trial against a patent held by defendant ROHTO Pharmaceutical Co. Ltd. which claimed a violation of the clarity of claims requirement based on the lack...

We are pleased to announce the January 2017 issue of Sonderhoff & Einsel IP Newsletter.   The plaintiff, a Swiss pharmaceutical company called Debiopharm, requested an injunction against defendant Towa Pharmaceutical Co. Ltd. (a generic pharmaceutical drug manufacturer) and removal from the market of Towa’s alleged infringing...

On January 1 of this year, amendments to Japan’s childcare and family care leave act became effective, and although the amendments are not substantial and more incremental in nature, it is important that employers implement these detailed changes into their company’s existing work rules so...

We are pleased to announce the October 2016 issue of Sonderhoff & Einsel Tax Newsletter, outlining key points that dependents living abroad should have in mind. For more information, please feel free to contact our tax consultants. Download PDF

September 2016 Tax Newsletter has been published.  For details, please check the following PDF. Download PDF>

September 2016 Tax Newsletter has been published. PDFをダウンロード＞

“Maxacalcitol” Manufacturing Process Patent Case Subject: equivalent infringement This case is a groundbreaking infringement case with regard to the doctrine of equivalents (DOE) in Japan. Here, the originator of “Maxacalcitol” (plaintiff) filed a patent infringement suit against several generic manufacturers (defendants) and the decision was…

On June 11th, 2016 Japan’s accession to the International Patent Law Treaty will take effect. Various changes in the Japanese Patent Law related to Japan joining the treaty have recently come into force, of which we are providing an overview in this article. Further, we…

Please find below a news update of our IP and Law practice groups. In this issue, we are covering a recent Supreme Court decision regarding the extension of patent terms for pharmaceutical products and the potential impact of changes to the Worker’s Dispatch Law on companies….

On September 9th, 2015, the Supreme Court of Japan affirmed the lower courts’ decisions in an infringement case regarding a click-wheel on Apple’s “iPod” product. For more information about this key decision, please see the downloadable news update.   Download >