Steak Preparation is Recognised as Eligible Subject-Matter by IPHCJ of Japan: Review of Business Method Patents in Japan

摘要

On 17 October 2018, the Intellectual Property High Court of Japan (IPHCJ) reversed the decision of the Board of Appeals of the JPO and ruled in favour of restaur ant food company that had sought to patent a steak preparation method in a subject-matter eligibility case, Pepper Food Service Co Ltd v Commissioner of Japan Patent Office, Heisei 29 (gyo-ke) 10232. This is an interesting pro-owner decision because the IPHCJ set out a flexible and pro-applicant approach in determining what constitutes eligible statutory subject-matter in terms of business methods. This article will also provide an updated review of the current position of business method patents in Japan.