On April 1, 2018, the Japan Patent Office began operation of a new advisory opinion system to determine the standard essentiality of a patent.
Billed as a way to quickly resolve disputes concerning standard-essential patents, the system will allow the JPO to express an official opinion, based on the arguments and evidence submitted by the parties concerned disputing the standard essentiality of a patent, as to whether an embodiment specified by standard documents falls within the scope of protection conferred by the disputed patent. This will allow the essentiality of the patent to be determined from a fair, neutral perspective. While these official opinions would have no legal binding force, the imprimatur of the JPO should, in theory, assist courts in resolving disputes concerning these patents.
For more information, or to download the provisional translation of a manual detailing the new system, please visit the JPO website at the following link: http://www.jpo.go.jp/torikumi_e/t_torikumi_e/hantei_hyojun_e.htm