A patent evaluation is for the determination of essentiality by an independent third party as to whether a certain patent is essential to realize the functions and usages set out in the specific technical standards. The evaluator of essentiality under the CATV Essential Patent License is the Japan Intellectual Property Arbitration Center ("JIPAC").
The JIPAC will appoint one attorney-at-law (bengoshi) and one patent attorney (benrishi) for each evaluation, and both experts will cooperatively conduct such patent evaluation.
The essentiality will be evaluated based on the standards and technical reports relating to reception and transmission of digital cable broadcasting.
Please click here for further details of the applicable standards.
Any party is invited to submit a patent to the JIPAC by submitting an application form, documents and evaluation fees.
The application form and related documents are available in the Japanese language only.
Please click here if an application for the patent evaluation is to be made with regard to a patent which is already determined to be essential for digital broadcasting standards.
|Documents Necessary for Patent Evaluation||Original||Copies|
|Application form for patent evaluation||1||2|
|Documents which a patent holder believes show the grounds for essentiality||1||2|
|Certified copy of patent registration||1||2|
|Complete file wrapper||1||2|
|(If a patent holder is a corporation) certificate of qualification of the representative, or a certificate of commercial registration||1||-|
|(If a patent holder appoints an attorney) power of attorney||1||-|
|Letter of Consent||1||-|
Fee for an evaluation (Tax excluded) shall be calculated based on the number of claims which a patent holder believes are essential.
Up to two claims
Three to four claims
More than four claims
|952,000 yen||plus 95,000 yen for each additional claim|
Example) If six claims are included in the application, the fee will be 1,142,000 yen (= 952,000 yen + 95,000 yen x 2).
With regard to a patent which is already determined to be essential for digital broadcasting standards under the ARIB Essential Patent License and relates only to the part of the standards indicated here, any party who wishes to submit such patent may seek reconfirmation of essentiality in lieu of the aforementioned evaluation.
For reconfirmation, please submit an Application for Essentiality Reconfirmation (one original and two copies).
The fee shall be 48,000 yen (Tax excluded) for each reconfirmation.
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