Procedures for Application for Essential Patent Evaluation for the Digital Cable Broadcasting Standards
１. The technical standards which are subject to the call for patents shall be limited to the standards designated below:
| NUMBER | TITLE OF THE STANDARDS | REMARKS |
|---|---|---|
| JCTEA STD-001 | Conditional Access System for Digital Cable TV Broadcasting | |
| JCTEA STD-002 | Multiplexing Device for Digital Cable TV Broadcasting | |
| JCTEA STD-003 | Standards for Service Information Structure and the Operation of Identifiers for Digital Cable TV Broadcasting | |
| JCTEA STD-007 | Digital Cable TV Sets for Digital Cable TV Broadcasting | |
| JCTEA STD-011 | Pass-through Transmission System for Digital Cable TV Broadcasting and Digital Terrestrial TV Broadcasting | |
| JCTEA STD-012 | Headphone Amplifier for Joint Reception of Digital Cable TV Broadcasting and Digital Terrestrial TV Broadcasting | |
| JLabs SPEC-001 | Operational Guidelines for Trans-modulation for BS Digital Broadcasting | |
| JLabs SPEC-001-01 | Operational Guidelines for Trans-modulation for BS Digital Broadcasting Detailed Specifications for Abuse Prevention Function | |
| JLabs SPEC-001-02 | Operational Guidelines for Trans-modulation for BS Digital Broadcasting Operational Guidelines for Download Function | |
| JLabs SPEC-002 | Operational Guidelines for Trans-modulation for CS Digital Broadcasting at 110 Degrees of East Longitude | |
| JLabs SPEC-003 | Operational Guidelines for Re-multiplexing for Digital Broadcasting (Independent Broadcasting) | |
| JLabs SPEC-004 | Operational Guidelines for Re-multiplexing for Digital Broadcasting (i-HITS) | |
| JLabs SPEC-005 | Operational Guidelines for JC-HITS Trans-modulation | |
| JLabs SPEC-006 | Operational Guidelines for Pass-through Transmission for Digital Terrestrial TV Broadcasting and Independent Broadcasting | |
| JLabs SPEC-007 | Operational Guidelines for Trans-modulation for Digital Terrestrial TV Broadcasting and Independent Broadcasting | |
| ARIB STD-B20 | Transmission System for Digital Satellite Broadcasting | The entire portion of the Multiplexing Technology for the transmission side is to be excluded. |
| ARIB STD-B24 | Data Coding and Transmission Specifications for Digital Broadcasting | Book 1, Part 2, Section 4.4 and Book 2, Appendixes 4 and 5 are to be excluded. |
| ARIB STD-B25 | Conditional Access System Specification for Digital Broadcasting | Part 1, Chapters 5 and 6, Part 2 are to be excluded. |
| ARIB STD-B31 | Transmission System for Digital Terrestrial Television Broadcasting | The entire portion of the Hierarchical Transmission Technology for the transmission side is to be excluded. |
| ARIB STD-B32 | Video Coding, Audio Coding and Multiplexing Specifications for Digital Broadcasting | |
| ARIB TR-B14 | Operational Guidelines for Digital Terrestrial Television Broadcasting | The entire portion of the Delivery and transmission technology for the one-segment broadcasting section is to be excluded. The C Profile for the receivers is to be excluded. |
| ARIB TR-B15 | Operational Guidelines for BS/Broadband CS Digital Broadcasting | The entire portion of the Delivery and Transmission Technology is to be excluded. |
| Other ARIB Standards | Any portions of the ARIB Standards which are referred to in the JCTEA or JLabs Standards mentioned above as being complied with. | There exist certain portions in the ARIB STD-B10 and B21 Standards, which are referred to in the Standards or Operational Guidelines on the cable broadcasting side as being complied with. |
Patents related to MPEG-2 Standards, MPEG-4 Standards, H.264/MPEG-4 AVC Standards, IEEE1394 Standards and Server-type Broadcasting are to be excluded.
(Note) Code symbol "JCL" has been changed to "JLabs" as from October, 2009.
These standards are designated in accordance with the provisions of Article 2 of the Procedural Rules for Essential Patent Evaluation as "2. Technical Standards for Digital Cable Broadcasting Pool" in Appendix 1 to the Procedural Rules under the title "The Technical Standards for the Center's Essential Patent Evaluation". See the Center's Essential Patent Evaluation on this website for details.
2. For filing an application for essential patent evaluation with the Japan Intellectual Property Arbitration Center (hereinafter referred to as the "Center" ), the Applicant must take the following procedures 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 following documents are to be attached to the Application Form:
(a) The referential materials considered to be useful to supports the reasons for essentiality of the patent in question and the list of referential materials,
(b) Copy of the Patent Gazette as published,
(c) Copy of the Patent Register,
(d) Copies of the complete set of the Patent Office file wrapper,
(e), In case the Applicant is a legal entity, a Certificate of Representative's Qualification,
(f) A Power of Attorney, in case the application is to be filed by an attorney entrusted with by the Applicant. and
(g) An "Oath and Consent" form, executed by the Applicant, of which form is designated by the License Organization concerned as Appendix 2 below.
(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 attachments of referential materials in PDF format and the written Application Form (without its attachments) in Word format.
The Secretariat, Japan Intellectual Property Arbitration Center
c/o 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) With regard to the manner in which to designate an applicable portion or portions of the Standards, which is to be made in the Application Form mentioned under item (1) above, please take note of the following, which is specific to the evaluation for the Digital Cable Broadcasting Standards, in addition to the general notes under item No.4 described at the end of the Application Form mentioned in item (1) above.
In a case in which to recite and designate a portion of the JCTEA Standards and /or the JLabs Operational Guidelines, which portion refers to the ARIB Standards as being complied with, designation of such portion of the Standards is to be made in the following manner:
"△△△ ( to quote the portion of the Standards ) of the ARIB Standards ( to specify with it's Standard No., Title, Edition No. and it's Date of Revision ), of which portion is referred to in ○○○ ( to quote the portion of the Standards ) of the JCTEA Standards / the JLabs Operational Guidelines ( to specify with it's Standard No., Title, Edition No. and it's Date of Revision ) as being complied with."
(Note 2) With regard to the item "Reasons for Essentiality" in the Application Form, the compatibility of the Claim elements with their corresponding portions of the Standards is to be made in a table format as set out in the Application Form. An English filled-in sample form is currently not available.
(Note 3) For the List of Referential Materials under item (a) above, those references are to be identified by corresponding numbers in sequence beginning with, for example, Reference No.1, with the Title of the Reference, the Date of Preparation/Issuance, the Names of the Composers, the Purpose of Use, etc.
(Note 4) When quoting, in the Application Form, certain portions of the references submitted, such as, for examples, the papers and notices filed with and received from the Patent Office in connection with the patent at issue, the Patent Gazette, the prior art references concerned, such portions quoted are to be clearly indicated on the references concerned by encircling the portions in red.
(Note 5) As for a Certificate of Representative's Qualification under item (e) above, submit a Certificate of Representative or a Certified Copy of the Commercial Register, issued within three months. Such a copy can be obtained at the competent local Legal Affairs Bureau having jurisdiction over the Applicant corporation concerned.
(Note 6) Form for the Oath and Consent under item (ｇ) above can be downloaded from the Center's website (http://www.ip-adr.gr.jp/)
3. The Application Fees for Essential Patent Evaluation for the Digital Cable Broadcasting Standards are fixed under agreement with ULDAGE Inc. as follows:
(1) 762,000 yen plus consumption tax for a case in which the number of claims submitted for evaluation is one (1) or two (2) ;
(2) 952,000 yen plus consumption tax for a case in which the number of claims submitted for evaluation is three (3) or four (4) .
(3) In a case 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.
The application fee for the Essential Patent Evaluation must be paid 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 fair and neutral evaluators consisting of an attorney-at-law and a patent attorney, who have no conflict of interest in handling the case. The evaluation will be completed in two months as a rule.
5. For any questions about the 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:
