業務の概要

Procedures for Application for Essential Patent Evaluation for the Digital Broadcasting Standards (the ARIB Standards)

1. The technical standards which are subject to this call for patents shall be limited to the ARIB Standards designated below.

No.Title of ARIB Standard
ARIB
STD-B10
Service Information for Digital Broadcasting System
ARIB
STD-B20
Transmission System for Digital Satellite Broadcasting
ARIB
STD-B21
Receiver for Digital Broadcasting
ARIB
STD-B24
Data Coding and Transmission Specifications for Digital Broadcasting
ARIB
STD-B25
Conditional Access System Specification for Digital Broadcasting
ARIB
STD-B29
Transmission System for Digital Terrestrial Sound Broadcasting
ARIB
STD-B30
Receiver for Digital Terrestrial Sound Broadcasting
ARIB
STD-B31
Transmission System for Digital Terrestrial Television Broadcasting
ARIB
STD-B32
Video Coding, Audio Coding and Multiplexing Specifications for Digital Broadcasting
ARIB
TR-B13 *
Operational Guidelines for Digital Terrestrial Sound Broadcasting
ARIB
TR-B14
Operational Guidelines for Digital Terrestrial Television Broadcasting
ARIB
TR-B15
Operational Guidelines for BS/Broadband CS Digital Broadcasting

Patents related to MPEG-2 Standard, MPEG-4 Standard, H.264|MPEG4AVC Standard, IEEE1394 Standard, and the portion of Server-type Broadcasting are to be excluded.

* ARIB TR-B13 was abolished on July 31, 2014.

The designation of these technical standards is made pursuant to the provisions of Article 2 of the Procedural Rules for Essential Patent Evaluation. These are designated as "1. Subject Technical Standards relating to Digital Broadcasting ARIB Standards Patent Pool" in the Appendix 1 to the Procedural Rules for Essential Patent Evaluation, under the title "Technical Standards subject to Essential Patent Evaluation by the Center." Please refer to any applicable items contained in the "Center's Essential Patent Evaluation" on this homepage.

2. For an application for Essential Patent Evaluation, please take the following steps before the Japan Intellectual Property Arbitration Center (hereinafter, the "Center") in accordance with the provisions of Articles 3 and 14 of the Procedural Rules for Essential Patent Evaluation.

(1) For preparation of a written application, please use the predetermined format set by the Center, which can be downloaded from the Center's website. A written application form is to be submitted to the Center's Secretariat in electronic medium. In this connection, please refer to the item (3) below for further details.

(2) The Application form must be accompanied with the following items:
(a) Materials which are thought to be useful to support the applicant's contention on the grounds for essentiality and the list of such supporting materials,
(b) Copy of the Patent Gazette as published,
(c) Copy of the Patent Register,
(d) Copy of the Complete Set of File Wrapper,
(e) Certificate of Qualification of Representative, if the applicant is a juridical person,
(f) Document which shows the agent's representationship (power of attorney), if such an agent is appointed. and
(g) Letter of "Oath and Consent" in the form as designated in Appendix 2 by the Licensing Organization.

(3) Procedures for an application for essential patent evaluation are to be conducted electronically and, therefore, every document and material relating to the application is to be prepared and submitted in electronic form. As for the method by which the application is to be submitted electronically, please be sure to contact the Center's Secretariat, beforehand each time an application is to be submitted, for the information and explanation as to the method for submission of the application to a predetermined folder, which is to be set for your particular application and onto which the application is to be uploaded. What are required to be sent to the Center in electronic medium are one complete set of the written Application Form and its attachements of referential materials in PDF format and the written Application Form (without its attachments) in Word format.

Contact: The Secretariat the Japan Intellectual Property Arbitration Center
Address: c/o The Japan Patent Attorneys Association Building (Benrishi Kaikan), 3-4-2, Kasumigaseki, Chiyoda-ku, Tokyo 100-0013,JAPAN
Telephone: +81-3-3500-3793
Facsimile: +81-3-3500-3839
E-mail:

    

(Note 1)
For the "Grounds for Essential Patent Evaluation" in the Application for Essential Patent Evaluation form, please prepare your explanation on the comparison of the claims of the subject patent with the applicable Subject Standards in a table format as set forth in the Application Form. Please refer to a filled-in example of the Application Form attached hereto.

(Not available at this time but a revised one currently under preparation).

(Note 2)
As for the List of Materials referred to in (2)(a) above, please identify each material with a number in sequence beginning with "1", such as "Material No.1, Material No.2, and indicate the title of material, the date produced/published, the name of author, and what is inteded to prove by each such material.

(Note 3)
In case you quote, in your explanation/contention, any portion from the mateials under item (2)(a) above, namely the documents submitted to the JPO including application documents, documents received from the JPO, Gazettes, and relevant prior art documents, etc., please clearly point out such portion on the material by underlining or encircling in red line.

(Note 4)
In case the applicant is a juridical person, as for item (2)(e) above, please submit one original copy of the Certificate of Qualification of Representative or a certified copy of the Commercial Register issued by the competent local Legal Affairs Bureau having the jurisdiction over the company concerned (within three (3) months from the date of issuance).

(Note 5)
The form for the Oath and Consent under item (2) (g) above is available for download from this Center's website:http://www.ip-adr.gr.jp/.

3. Application fees for the Essential Patent Evaluation for the ARIB Standard are set under agreement with the Digital Terrestrial Broadcasting Preparatory Committee as follows:

(1) In a case in which the number of claims submitted for evaluation is one (1) or two (2)---762,000 yen plus consumption tax
(2) In a case in which the number of claims submitted for evaluation is three (3) or four (4)---952,000 yen plus consumption tax
(3) In a case in where the number of claims submitted for evaluation exceeds four (4) ---an additional amount of 95,000 yen plus consumption tax is to be added per each additional claim.

Payment of the application fee must be made by bank transfer to the following bank account:

< Bank Account >
Japan Intellectual Property Arbitration Center
(Nihon Chiteki Zaisan Chusai Center)
Mitsui Sumitomo Bank Kasumigaseki Branch Office
Ordinary Deposit Account No. 6559091

4. When an application for Essential Patent Evaluation is submitted, the Center will appoint a pair of the evaluators consisting of an attorney-at-law and a patent attorney, who are neutral and impartial and have no conflict of interest in handling the case. The evaluation will be completed in two (2) months from receipt of the application as a rule.

5. If you have any questions regarding the application procedures for the Essential Patent Evaluation, please contact the following:

Contact: The Secretariat the Japan Intellectual Property Arbitration Center
Address: c/o The Japan Patent Attorneys Association Building (Benrishi Kaikan), 3-4-2, Kasumigaseki, Chiyoda-ku, Tokyo 100-0013,JAPAN
Telephone: +81-3-3500-3793
Facsimile: +81-3-3500-3839
E-mail:

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