Japan: AI inventorship and cross-border infringement emerge as key issues…JPO refines examination practice

In 2026, Japanese patent practice has seen "AI inventorship" and "territoriality (cross-border) infringement" emerge as the central topics. Court rulings and JPO advisory council discussions continue, and institutional reform is underway.

AI cannot be an inventor (IP High Court, 2025.1.30)

• The Intellectual Property High Court of Japan held that an inventor under the Patent Act is limited to a "natural person," and dismissed the claim of inventorship by the AI system DABUS
• The JPO advisory council is examining how to view inventorship when AI is involved in the inventive process — including the possibility of legislative amendment

Cross-border systems also constitute infringement (Supreme Court, 2025.3.3)

• The Supreme Court of Japan recognized that the act of transmitting a patented program from a U.S. server to users in Japan constitutes patent infringement within Japan
• Reflecting the reality of internet-based services — though details such as the domestic effect requirement continue to be discussed by the advisory council

Examination quality and speed

• Total pendency 13.8 months, first action (FA) 9.4 months (2024 targets achieved)
• Examiner interview satisfaction 65.5% (2023) → 78.1% (2024); divisional applications increased to 36,721

[Source] IAM Media — Patent Prosecution Review 2026