IN SEPTEMBER 2023, there was a significant increase (around 30%) in patent applications before the Japan Patent Office, which led to speculation that it might be related to Softbank President Son`s announcement in October 2023, of an increase in Softbank's patent filing in AI technology. However, the mystery will only be confirmed in March 2025. (For more details, refer to the previous blog)
Patent applications take 18 months to be published online by an Intellectual Property Office, as per the patent law of the respective country.
It is important to note that the 18 months from the filing date of disclosing patent applications can lead to a problem partially similar to "submarine patents". These are patent applications that remain hidden until they suddenly surface after 18 months. This can create a situation where a rival company could unknowingly develop a similar technology during this period, and end up infringing on the patent if the application is granted. I call this scenario a "submarine patent application".
If a patent application is disclosed before 18 months, it gives rival companies early access to the relevant patent application, allowing them to develop alternative products and avoid infringement. The shorter the period for the application to remain underwater (unpublished), the lower the risk for the sectors.
While I am not an expert in artificial intelligence (AI) science, my understanding is that delays can be particularly troublesome in fields where rapid progress is the norm, such as in developing cutting-edge technologies like AI and information technology. These fields require constant innovation and the ability to stay ahead of the curve, so any delay caused by patent problems can slow down progress and put organisations at a disadvantage.
With today's advanced technology, we post articles publicly and send documents anywhere in seconds. As a result, we can immediately notice the difference in the speed between the patent publication system and today’s ubiquitous information technology.