In Japan, questions of infringement and validity are decided by different tribunals. Proceedings in both infringement actions and nullity actions tend to involve a series of meetings with the judges. Discovery is virtually non-existent.
Proceedings tend to be relatively expensive.
Furthermore cultural pressures for settlement, rather than pursuing the litigation to a decision, are strong. In order to respond to criticisms of its litigation procedures, a new Code of Civil Procedure was passed by the Diet in 1966 and is will come into effect on January 1, 1998. The objectives of the new code are to try to speed up the course of civil litigation and to allow some more discovery than is permitted under the present code. Article 70 of the law provides that the scope of protection is determined by the claims, the meaning of terms in which may be interpreted in the light of the specification. Japanese courts have traditionally been strict in their interpretation of patent claims, limiting them closely to the literal wording.