Measures against a Patent Troll Who Inhibits Development of Information Communications and Electronics in Industries : An Attempt to Introduce to Japan the Doctrine of Laches in the U.S.

Abstract

The innovation speed in the fields of information communications and electronics is exceedingly fast. For this reason, in the case that patent trolls intentionally delay a claim for damages for companies that infringe on patents, it is likely to be difficult for the companies to recover from damage caused by the delay, even if the delay period is for one or two years. The Japanese Civil Code provides a statute of limitations of three years to exercise one's rights. This, however, differs from the realities of the technology, in which the delay of a year or two matters materially. Considering a U.S. doctrine that is an effective defense to exercise rights with unreasonable delay, we herein propose flexible limitations to such delayed conduct in preparation for events should patent trolls appear in Japan in the future.