Patent Japan

JAPANESE IP LAW REFORM 2011

2012-03-19T06:21:23Z

The "Act on Partial Revision of the Patent Act, etc." was issued on June 8, 2011.

The amendments aim at developing systems that assure the proper protection/exploitation of IP.

Thereby achieve growth in the Japanese economy through innovation. The law will come into effect on April 1, 2012.

Outline of the Legal Amendments by the bill is as follows:
1) Review of the System of Perfection of a Non-Exclusive License, etc.

2) Development of Remedial Measures for Misappropriated Applications, etc.

3) Prohibition on Filing with the JPO a Request for a Correction Trial after Filing with the IP High Court a Lawsuit to Rescind a Trial Decision

4) Restriction on Assertions in Retrial of a Court Judgment in Patent Infringement Lawsuit

5) Development of Provisions on the Scope of a JPO Trial Decision that Has Become Final and Binding, etc.

6) Abolition of the (Double Jeopardy) Effect, on Third Parties, of a Final and Binding Trial Decision in a Patent Invalidation Trial

7) Review of Fees

8) Review of Provision on Exception to Lack of Novelty of Invention, etc.

9) Review of Relief Procedures for Applicants and Patentees

10) Abolition of Provision on Refusal of a Trademark Application within One Year from the Date of the Extinguishment of a Another Person's Trademark Right

JPAA website

2009-07-01T01:00:36Z

JPAA (Japan Patent Attorneys Association) disclose their website in English.

Attorneys of Ichinose & Aihara are also member of JPAA.
An applicant who does not have domicile/residence in Japan should designate a Japanese patent attorney (member of JPAA) as his/her/its representative.

You can see information about Patent, Trademark and Design in Japan. Foe example, Patenting Procedures through PCT Route is explained in this website.

JPAA website

Japanese Patent - Appeal against the Decision of Rejection

2009-06-24T03:19:12Z

Appeal against the Decision of Rejection in Japan

In Japan, if an application has been finally rejected by the Examiner, the only available action which remains in connection with the patent application is to lodge an appeal from the Decision of Rejection.

Japanese Patent - Examination

2009-06-23T03:17:28Z

Examination

In Japan, request for examination must be requested at any time within three years from the date of filing of a patent application.
If the request for examination is not filed on or before the above due date with the Japan Patent Office, the application shall be deemed to have been withdrawn, that is the application will become invalid.

Amendments to the specification, claims and/or drawings can be made any time until the date on which the first official action becomes due.

Patent Application in Japan

2009-06-18T06:08:56Z

Application

In order for applying and filing for a patent in Japan, you can file the application based on the Paris Convention.

You can also file the patent application as a PCT application with Japan Patent Office. If you would like to know about the national phase entry into Japan, please see PCT entry into Japan

Amendments under PCT Article 34 in Japan

2009-06-11T21:20:46Z

The Japanese translation of the written amendment must be submitted for an amendment under PCT Article 34(2) according to the practice of the Japan Patent Office.

Due date for submission of above Japanese translation is 2 months from the date of the entry into Japan.

Amendments under PCT Article 19 in Japan

2009-06-11T13:52:27Z

The Japanese translation of the originally filed and/or as amended claims must be submitted for an amendment under PCT Article 19(1) according to the practice of the Japan Patent Office.

Due date for submission of above Japanese translation is 2 months from the date of the entry into Japan.

Japanese translation of applications for PCT national phase entering into Japan

2009-06-09T19:18:08Z

Japanese translation of applications for PCT national phase entering into Japan.

Japanese translations of the following documents are required according to the practice of the Japan Patent Office.

1. Description,
2. Claims,
3. Drawings, and
4. Abstract.

Due date for submission of above Japanese translation is 2 months from the date of the entry into Japan. Please note that the translation filing due is not from the 30-month deadline.

Time Limit of PCT national phase entry into Japan

2009-06-08T11:46:54Z

Time Limit

According to the Japanese patent law, a PCT application can be entered into the Japanese national phase within 30 months from the priority date.

PCT national phase entry into Japan

2009-06-04T00:31:22Z

When a PCT application is entered into the Japanese national phase, the following information are required according to the practice of the Japan Patent Office.

1. Name and address of the applicant
2. Name, address and citizenship of the Inventor(s).
3. International patent application number.