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| Intellectual Property Information |
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| ENGLISH TRANSLATION OF JAPANESE IP ACT |
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Japanese Patent Act.pdf |
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Japanese Trademark Act.pdf |
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Japanese Design Act.pdf |
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note: The above Acts are cited from "Translations of Laws and Regulations
(in compliance with Standard Bilingual Dictionary)" of Japanese Cabinet
Secretariat
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| Patenｔ Ｑ＆Ａ → |
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| Design Ｑ＆Ａ → |
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| Trademark Ｑ＆Ａ → |
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| ARTICLE EXAMPLES : MATSUDA PATENT ATTORNEY PARTICIPATED IN |
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*Whelan vs. Jaslow US. CAFC case for "program copyright"
(published by JPAA PATENT magazine 1988-11 to 1989-1)
*AT&T v. MICROSOFT US. SUPREME COURT JUDGE case for "271(f)"
(published by JPAA PATENT magazine 2007-11)
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OUTLINE OF THE JAPANESE INDUSTRIAL PROPERTY RIGHT SYSTEM |
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1. Intellectual Property Rights
In a society which
can be described as being saturated with a large amount of information,
technological reforms can progress very quickly. Today, this progress involves
an international society, and in recent years, this progress has been based on
what is known as intellectual rights such as patent rights, trademark rights,
confidential business information, copyright, and other rights related to
intellectual property (referred to as intellectual property rights).
Intellectual property issues cause a number of problems which have attracted
much interest in the present society.
To begin with, intellectual property represents an indication pointing
out general trends relating to human creativity and management techniques.
In concrete terms, this means that the results of intellectual activities
of people are represented not only by original and creative ideas ("inventions")
or ("utility models"), unique designs ("designs") ,
but also by music, novels, paintings or similar "works". These
works are protected by laws such as the patent law, utility model law,
design law, and copyright law. On the other hand, "trade names or
trademarks", which represent an indication of business activities
are names used in order to conduct a business. These trademarks are names
created by the user in order to indicate what kind of services or products
can be provided under the "trademark" name (also called a brand).
Trade names are also protected by commercial laws and trademark laws. The
(narrowly defined) rights which are based on these industrial property
rights, such as trademark laws, representing an indication of a business,
or design rights, utility model rights, and patent rights, are a result
of intellectual activities in the industrial spheres, while copyright relates
to activities in the cultural sphere.
In addition, new spheres
which should be also protected are emerging among theses intellectual property
spheres. Among these new spheres are for example biotechnology,
electronics-information processing, and other so called high-tech fields which
are experiencing a tremendous amount of development due for instance to
development of computer programs (involving copyright laws), or semiconductor
chips (involving laws protecting semiconductor chips), etc. Moreover, improper
acquisition and use of trade secrets such as client lists or manufacturing
technologies indicate attempts at production and sale of imitations of products
purporting to contain a content or quality representing a trademark (such as a
champagne, or a cognac, or another unique regional trademark). These business
activities, which are tantamount to a false claim of authorship by another
person to receive the benefits connected with a well known brand, also represent
unfair competition and thus are subject to regulations relating to improper
competition and laws designed to stop unfair competition. (Laws aimed at
stopping unfair competition have been adopted in addition to narrowly defined
industrial property rights, and in a broad sense, these laws are also related to
intellectual property rights).
The fact that protection of intellectual property rights has been strengthened
in recent years is due among other things to agreements reached between
the WIPO (World Intellectual Property Organization), WTO and TRIPS (an
organization for intellectual property rights related to trade), which
are specialized UN organs aiming at increasing the level of international
consciousness about the effect of increased competitions among countries
and industries in each country. These and other agreements have made it
possible to create an integrated system designed to protect intellectual
property rights in each country through treaties, various international
meetings, and similar activities.
[ The Types of Intellectual
Property Rights and the System for Their Protection ]
- (1) Intellectual Creations
- (a) Inventions
- Patent Law
- (b) Utility Models
- Utility Model Law
- (c) Designs
-
| *designs |
Design Law |
| *product form |
laws to stop unfair competition |
- (d) Trade Secrets (manufacturing technologies,customer lists,etc.)
- laws to stop unfair competition
- (e) Integrated Semiconductor Circuits
- laws for protection of semiconductor chips
- (f) Copyright (novels, music, etc.)
- Copyright Law
- *rights similar to copyright
- (for stage performance producers,record producers,broadcasters,etc.)
- (2) Commercial Symbols
- a. new varieties of plants
- Seedling Law
- b. trade names
- Commercial Law
- c. trademarks (including service marks)
-
| *registered trademarks |
Trademark Law |
| * unregistered (well known) trademarks |
Unfair Competition Prevention Law |
- d. geographical indications (champagne or scotch brands)
- Unfair Competition Prevention Law, Liquor Industry Law.
[
Intellectual Property Rights Registered by the Patent Office ]
| (1) Inventions |
|
|
*Concrete Examples |
products or methods characterized by a high level of a creative
technological idea;
items characterized by a longer life cycle than a new
utility model;
hardware and related computer programs, items including
plants, animals, and microorganisms.
|
| *Applicable Laws |
Patent Law |
| *Protection Period |
20 years from the day when an application was filed (a limit of five years
is applied to cases of pharmaceutical products and agricultural chemicals, but
this period can be extended). |
|
| (2) Utility Models |
|
|
*Concrete Examples |
Items having a short life cycle, characterized by the potential for an
early implementation and a creative idea relating to the shape of products,
their structure and other technological aspects;
the technological aspect of a
utility model may be on a lower level when compared to a patent;
an idea of a
method is not a valid subject. |
| *Applicable Law |
Law for Utility Models |
| *Protection Period |
10 years from the day when an application was filed. |
|
| (3) Designs |
|
|
*Concrete Examples |
The shape, pattern, color, and other design characteristics of of items
relating to their external appearance;
a simple picture or drawing is not a
valid subject. |
| *Applicable Laws |
Design Law |
| *Protection Period |
15 years from the date of registration of its establishment. |
|
| (4) Trademarks |
|
|
*Concrete Examples |
Letters, diagrams, symbols (colors) having the effect of identifying the
subject of various products or services |
| *Applicable Laws |
Trademark Law |
| *Protection Period |
10 years from the day when a created trademark was registered (continuous
use can be obtained if an application is updated).
|
2. Industrial Property
Right System
(1) The Aim of an Industrial Property Right
System
Industrial development is one of the principal forces contributing
to a rich daily life.
This development is the result of research and
investment and of the efforts of many talented inventors, authors of utility
models, creators of new designs, new tools, new technologies, etc. The purpose
of a system of industrial property rights is to encourage and to motivate
inventors of inventions and creators of designs, to protect their rights, and to
instill confidence in the maintenance of business activities related to
trademarks. The system thus must be designed to form a solid base for industrial
development.
a. Patent System (Utility Model System)
Section 1 of the Patent Law states that:"The purpose of this law shall
be to encourage inventions by promoting their protection and utilization
so as be contribute to the development of industry". Inventions and
utility models are concept and ideas which cannot be seen with eyes. Such
items cannot be controlled in the same manner as tangible objects in our
homes and cars which can be owned by anyone and are visible. Accordingly,
a suitable protection must be ensured through a system. An invention is
something that should be probably kept secret so that it would not be stolen
by other people. On the other hand, this would not only make it impossible
for the inventor himself to put his own invention to an effective use,
but it would also cause other people to needlessly spend resources in order
to invent the same thing. That is why a patent system should be designed
to prevent such occurrences. On the one hand, a patent system is designed
to provide protection which is provided to an inventor when his invention
is granted so called exclusive patent rights under certain conditions and
for a specified period of time. On the other hand, the system is also designed
to contribute to industrial development by promoting technological progress,
enabling joint utilization of new technological resources by publishing
new inventions.
As far as a system for Utility Models is concerned, the subject of protection
of this system is defined only as "utility models relating to the
shape of items, their structure or combinations". This is different
from the subject of protection in the patent system (for example, a method
cannot become a subject for registration in a Utility Model), although
the purpose of both systems is identical.
(Note)
- The quotation of American President Lincoln "The patent system added the
fuel of interest to the fire of genius" can be seen at the entrance of the U.S.
Patent and Trademark Office.
b. Design System
Section 1 of the Design Law states the that:"The purpose of this Law
shall be to encourage the creation of designs by promoting their protection
and utilization so as to contribute to the development of industry".
Designs represent a quest for a better appearance or external
form, resulting in enjoyment which is connected with the use of beautiful
products. This external appearance is something that can be perceived uniformly
by anybody. That is why designs can be easily copied, which poses obstacles to a
healthy industrial development because ease of copying can be an invitation to
unfair competition.
That is why a design system should be planned so that
it would on one hand protect the assets of the creator of a new creative design,
while on the other hand, the usage of the design should be also determined so as
to encourage design creativity which also contributes to industrial
development.
c. Trademark System
Section 1 of the Trademark Law states that:"The purpose of this Law
shall be to ensure the maintenance of the business reputation of persons
using trademarks by protecting trademarks, and there by to contribute to
the development of industry and to protect the interests of consumers".
Because it goes without saying that consumers benefit from satisfactory
economic activities of various companies and other economic entities, a
system determining different brands must be created so that consumers can
expect a certain level of quality of products or services from certain
brands by being enable to determine who is the manufacturer of a certain
product or provider of a certain service which they come into contact with.
That is why a system of trademarks which are attached to printed on
products or used to identify services must be established in order to protect
these trademarks because such trademarks indicate a certain specific function of
a product or a service identified by a trademark. The system thus on the one
hand protects the interests of the consumer, and on the other hand it also
contributes to the development of industries through a design maintaining
confidence in the operations of persons using these trademarks for advertising
functions or for functions aimed at protecting the quality of
products.
(2) Subject matters of Protection under Industrial Property
Laws
a. Subject matters of Protection matters the Patent
Law
According Section 2 of the Patent Law, the subject of the protection of
this law are Patents. Specifically, the purpose of the law is to protect
a high level of creativity in technological concepts which use natural
laws and rules. Consequently, calculation methods or encryption determined
by arbitrarily defined rules, for instance for finance and insurance systems
or taxation methods, which are not based on natural laws and rules, do
not represent a protected subject. The discovery per se (for instance Newton's
sudden discovery of a certain rule) is not a protected subject either.Finally,
the created product must be characterized by a high level of technological
creativity because a creation characterized by a low technological creativity
level cannot be protected.
b. Subject matters of Protection under the Utility Model
Law
According to Sections 2 and 3 of the Utility Model Law, the subject matter
of protection are forms of products, structures, or combinations of related
items which were created using creative technological concepts based on
natural laws and rules.
Consequently, methods relating to products are
not a protected subject as long as they only relate to shapes and forms of
products, etc.
In addition, a high level of creativity applied to
creation of a technological concept is no longer required for protected
subjects, although this is required for protected subjects under the Patent
Law.
c. Subject Matters of Protection under the Design Law
Section
2(1) of the Design Law stipulates that E‘DesignEin this Law means the shape,
pattern or color or any combination thereof in an article which produces an
aesthetic impression on the sense of sight.E Designs are, therefore,
inseparable from articles, or products, and structural functions that are not
apparent from the external appearance of a product are not to be regarded as
protectable under this Law. Design creations are as abstract as inventions in
the Patent Law and devices in the Utility Model Law. However, inventions and
devices are technical creations using the laws of nature. Based on this concept,
the Patent Law and the Utility Model Law extends protection to inventions and
devices respectively. The basic concept in the Design Law differs from these two
laws in that it is aimed at identifying creations from the aspect of aesthetic
impression and extending protection based on this concept.
d. Subject matters of Protection under the Trademark Law
According to Section 2 of the Trademark Law, the subject of protections
are letters, figures, or combinations thereof, used to certify produced
commercial merchandise, or commercial merchandise of parties to which the
use of a trademark was transferred, or the role which is played by the
commercial activity identified by a trademark or by the party which is
exercising this role. While in the past, parties engaged in the use of
trademarks for commercial transactions such as manufacturing of goods,
sales, etc., used these trademarks in order to identify the types of commercial
products as merchandise manufactured by these parties alone, and only the
public acknowledgement of the right to use a commercial product was protected,
due to the rapid development in recent years of service products, it was
determined that existing legislation for protection of other publicly acknowledged
rights relating to other roles was no longer sufficient, and the Trademark
Law (adopted on April 1, 1992) established the same type of protection
as the protection which is applied to merchandise for marks used to identify
a service in order to provide identification of the same type of service
provided by the same provider for persons offering these services in areas
such as broadcasting, finances, the restaurant business, etc.
What
we now call the industrial property system is comprised of the four laws
relating to industrial property of the Patent Law, the Utility Model Law, the
Design Law, and the Trademark Law, which respectively extends protection to
patents, utility models, designs and trademarks.
(from Japanese Patent Office)
Schedule of Official fees
our fee is to consulting page
(on or after June 1, 2008)
| 1. Application |
| (1) |
Patents |
| Patent application |
 15,000 |
| Application in foreign language |
24,000 |
| Entry into the national phase in Japan (under the PCT) |
| |
-for international applications filed on or after June1, 2008 |
|
15,000 |
|
| Application for registration of an extension of the term of patent
right |
74,000 |
| |
| (2) |
Utility Models |
| (Note: Applicants are required to pay registration fees for the
1st-3rd years in a lump sum at the time of filing) |
| Utility Model application |
14,000 |
| Entry into the national phase in Japan (under the PCT) |
14,000 |
| |
| (3) |
Designs |
| Design application |
16,000 |
| Request for secret design |
5,100 |
| |
| (4) |
Trademarks |
| Trademark application |
3,400 + 8,600 per
classification |
| Defensive mark application |
6,800 + 17,200 per
classification |
| |
| 2. Request for Examination |
| (1) |
Patents |
| 1) |
For patent applications filed on or after April 1, 2004 |
| Request for examination |
168,600 + 4,000 per
claim |
| -where the international search report has been established by the JPO
(under the PCT) |
101,200 + 2,400 per
claim |
-where the international search report has been established by an
International Searching
Authority other than the JPO (under the PCT) |
151,700 + 3,600 per
claim |
| -where the search report has been established by a designated searching
organization |
134,900 + 3,200 per
claim |
| |
| 2) |
For patent applications filed by March 31, 2004 from January 1,
1988 |
| Request for examination |
84,300 + 2,000 per
claim |
| -where the international search report has been established by the JPO
(under the PCT) |
16,900 + 400 per
claim |
-where the international search report has been established by an
International Searching
Authority other than the JPO (under the PCT) |
67,400 + 1,600 per
claim |
| -where the search report has been established by a designated searching
organization |
50,600 + 1,200 per
claim |
|
| (2) |
Utility Models |
| 1) |
For utility model applications filed by December 31, 1993 from
January 1, 1988 |
| Request for examination |
46,500 + 1,100 per
claim |
| |
| 2) |
For Utility Model applications filed on or after January 1, 1994 |
| Request for Registrability Report |
42,000 + 1,000 per
claim |
| -where the international search report has been established by the JPO
(under the PCT) |
8,400 + 200 per
claim |
-where the international search report has been established by an
International Searching
Authority other than the JPO (under the PCT) |
33,600 + 800 per
claim |
|
| 3. Annual fee / Registration fee |
| (1) |
Patents |
| 1) |
For patent applications filed on or after January 1, 1988 |
| (For patent applications requested for examination on or after April
1, 2004) |
| 1-3rd year: annually, |
2,300 + 200 per
claim |
| 4-6th year: annually, |
7,100 + 500 per
claim |
| 7-9th year: annually, |
21,400 + 1,700 per
claim |
| 10-25th year: annually, |
61,600 + 4,800 per
claim |
| (For patent applications requested for examination on or
before March 31, 2004) |
| 1-3rd year: annually, |
11,400 + 1,000 per
claim |
| 4-6th year: annually, |
17,900 + 1,400 per
claim |
| 7-9th year: annually, |
35,800 + 2,800 per
claim |
| 10-25th year: annually, |
71,600 + 5,600 per
claim |
| |
| 2) |
For patent applications filed on or before December 31,
1987 |
| (For patent applications requested for examination on or
after April 1, 2004) |
| 1-3rd year: annually, |
1,500 + 1,000 per
claim |
| 4-6th year: annually, |
4,800 + 2,900 per
claim |
| 7-9th year: annually, |
14,300 + 8,800 per
claim |
| 10-25th year: annually, |
47,500 + 29,600 per
claim |
| (For patent applications requested for examination on or
before March 31, 2004) |
| 1-3rd year: annually, |
7,500 + 4,900 per
claim |
| 4-6th year: annually, |
11,900 + 7,400 per
claim |
| 7-9th year: annually, |
23,800 + 14,800 per
claim |
| 10-25th year: annually, |
47,500 + 29,600 per
claim |
|
| (2) |
Utility Models |
| 1) |
For utility model applications filed on or after April 1, 2005 |
| 1-3rd year: annually, |
|
2,100 + 100 per
claim |
| 4-6th year: annually, |
|
6,100 + 300 per
claim |
| 7-10th year: annually, |
|
18,100 + 900 per
claim |
| |
| 2) |
For utility model applications filed by March 31, 2005 from
January 1, 1994 |
| 1-3rd year: annually, |
|
7,600 + 700 per
claim |
| 4-6th year: annually, |
|
15,100 + 1,400 per
claim |
|
| (3) |
Designs |
| 1) |
For Designs applications filed on or after April 1, 2007 |
| 1-3rd year: annually, |
8,500 |
| 4-10th year: annually, |
16,900 |
| 11-15th year: annually, |
33,800 |
| 16-20th year: annually, |
33,800 |
| Similar design registration: annually, |
8,500 |
| |
| 2) |
For Designs applications filed by March 31, 2007 |
| 1-3rd year: annually, |
8,500 |
| 4-10th year: annually, |
16,900 |
| 11-15th year: annually, |
33,800 |
| Similar design registration: annually, |
8,500 |
|
| |
| (4) |
Trademarks |
| Registration fee (including defensive marks) : |
37,600 per classification |
| -Payment of registration free by installments |
21,900 per classification |
| Renewal fee: |
48,500 per classification |
| -Payment of renewal free by installments |
28,300 per classification |
| Defensive mark renewal fee: |
41,800 per classification |
| |
| 4. Others |
| |
Request for extension of a period |
2,100 |
| Notification of succession (Change in the name of applicant) |
4,200 |
| Request for other certificates: |
| |
-on-line |
|
1,100 |
| |
-over the counter |
|
1,400 |
|
| Request for inspection of documents (paper) |
1,500 |
| Request for inspection of documents (digital): |
| |
-on-line |
|
600 |
| |
-over the counter |
|
900 |
|
| |
Request for inspection of the Register (paper) |
300 |
| Request for inspection of the Register (digital): |
| |
-on-line |
|
600 |
| |
-over the counter |
|
800 |
|
| |
Request for copy of documents (paper) |
1,400 |
| Request for issue of documents (digital): |
| |
-on-line |
|
1,000 |
| |
-over the counter |
|
1,300 |
|
| |
Request for copy of the Register (paper) |
350 |
| Request for issue of the Register (digital): |
| |
-on-line |
|
800 |
| |
-over the counter |
|
1,100 |
|
| Fee for rewriting data into electronic format |
1,200 + 700 per
sheet |
| |
| 5. After Registration |
| |
Registration of transfer of right: |
| |
-Patents |
|
15,000 |
| |
-Utility models |
|
9,000 |
| |
-Designs |
|
9,000 |
| |
-Trademarks |
|
30,000 |
| |
-General successions (inheritance, etc) |
|
3,000 |
|
| |
Change in the name of owner (excluding transfer) |
1,000 |
| |
| Note: |
An applicant who has neither an address nor residence (office, if
the applicant is a legal entity) in Japan is required to pay almost all of fees
through an agent who has an address or a residence (office, if the applicant is
a legal entity) in
Japan. |
|
| [Last updated 2 June 2008] |
| Half Refund System on Examination Request Fees |
| (1) Outline of the Half Refund System on Examination Request
Fees |
| With respect to applications for which an examination was
originally requested but the need to obtain a patent is subsequently found to no
longer exist or the lack of patentability has been concluded as a result of
prior art searches, the half amount of the examination request fee shall be
refunded to the applicants upon their request if they withdraw or abandon the
application before the examination procedure have been
commenced. |
| (2) Object application |
A half refund of the examination request fee should be claimed
with respect to applications which are subsequently withdrawn or
abandoned.
Withdrawal or abandonment for refunds should be
submitted before notice concerning any of the following first office actions is
received by the applicant (i.e. before the examiner commences the examination
procedure):
(i) Order of consultations concerning identical inventions which
have been filed on the same date (Article 39(7) of the Patent Act);
(ii)
Notification of the breach of duty to disclose prior art documents in the
specification (Article 48-7 of the Patent Act);
(iii) Notification of reasons
for refusal (Article 50 of the Patent Act);
(iv) Certified copy of the
examiner's decision to the effect that a patent is to be granted (Article 52(2)
of the Patent Act).
* With respect to applications filed before the 1993
Patent Act became effective, a certified copy of the examiner's decision to
reject an amendment is also regarded as the first office
action. |
| (3) Time limit for claiming refund |
Refunds should be claimed within six months following the
withdrawal or abandonment of the application. The time limit for claiming
refunds shall be determined based on the date of submission of written
withdrawal or abandonment.
(For instance, for an application withdrawn or
abandoned on May 1, 2007, the final day for claiming a refund shall be November
1, 2007.) |
| (4) Amount of refund |
| The
half amount of the examination request fee shall be refunded. |
| (5) Method of refund |
Refunds can be made by means of a bank transfer or the deposit
system. From the perspective of ensuring procedural efficiency and a prompt
response, use of a deposit account to receive the refund would be greatly
appreciated.
Refunds into a deposit account are available only
for fees originally paid by using the deposit system. Also, where the applicant
has more than one account, a refund will only be made into the account from
which the corresponding payment was made.
[Last updated 9 August 2007] |
|
(from Japanese Patent Office) |
|
|
|
Procedures for Obtaining a
Patent Right
|
|
|
|
In order to obtain a patent
right, you must apply to the Japan Patent Office and go through examinations
to determine whether the application fulfills all the necessary requirements.
The JPO, which
examines all applications from around the world, takes precautionary measures
before ultimately granting any patent right. These involve exchange of
documents with the applicant to determine which claims, if any, are entitled
to be patented. The whole procedure from filing to registration is shown in
the flow chart below.
|
|
|
|
|
|
|
|
(1)
|
Application
|
|
No matter how good an invention
may be, a patent right naturally cannot be obtained unless it is applied for.
An application requires that one fills out the forms prescribed in the
relevant ordinances and submit them to the JPO.
Japan
has adopted the first-to-file system, i.e. the principle that where two
parties apply for a patent for the same invention, the first party to file
will be granted the patent. Accordingly, it is advisable to file as soon as
possible after the invention. It is also advisable not to make the invention
public before filing a patent application.
|
|
(2)
|
Formality Examination
|
|
An application document
submitted to the JPO will be checked to see whether it fulfills the necessary
procedural and formal requirements. An invitation to correct will be made
where necessary documents are missing or required sections have not been
filled in.
|
|
(3)
|
Publication of Unexamined
Application
|
|
The JPO will publish the content
of an application in the Official Gazette after 18 months have elapsed from
the date of filing.
|
|
(4)
|
Request for Examination
|
|
Patent applications are not
necessarily examined. An examination will be carried out only for the
application for which the applicant or a third party has filed a request for
examination and paid the examination fees.
|
|
(5)
|
Deemed Withdrawal (No Request
for Examination)
|
|
Any application for which a
request for examination has not been filed within a period of *three years
from filing date will automatically be regarded as withdrawal and cannot be
patented thereafter.
|
|
(6)
|
Substantive Examination
|
|
An examination will be carried
out by an examiner of the JPO, who will decide whether or not the claimed
invention should be patented. The examiner firstly checks whether the
application fulfills requirements prescribed by law, i.e., whether or not
there are any reasons for refusal. These requirements include the following:
|
|
1.
|
Whether the claimed invention
is based on a technical idea which utilizes a law of nature,
|
|
2.
|
Whether it has any industrial
applicability,
|
|
3.
|
Whether the technical idea
existed before the filing of the current application,
|
|
4.
|
Whether the claimed invention
could have been easily invented by a person skilled in the art,
|
|
5.
|
Whether the application is the
first to file,
|
|
6.
|
Whether the claimed invention
is liable to contravene public order and morality, and
|
|
7.
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Whether the descriptions in
the specification conform exactly with the requirements for patentability.
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(7)
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Notification of Reasons for
Refusal
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If the examiner finds reasons
for refusal, a notification to this result will be sent to the applicant.
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(8)
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Written Argument / Amendment
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An applicant who has received
the notification of reasons for refusal shall be given an opportunity to
submit either a written argument claiming that the invention differs from the
prior art to which the notification of reasons for refusal refers, or an amendment
of the claims in the case that this would nullify the reasons for refusal.
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(9)
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Decision to Grant a Patent
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As a result of the examination,
the examiner will make a decision to grant a patent as the final assessment
of the examination stage if no reasons for refusal have been found. The
examiner will also make the same decision if the reasons for refusal have
been eliminated by an argument or amendment.
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(10)
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Decision of Refusal
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On the other hand, if the
examiner judges that the reasons for refusal have not been eliminated, a
decision of refusal (the final assessment of the examination stage) will be
made.
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(11)
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Appeal against Decision of
Refusal
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When dissatisfaction is in the
decision of refusal of the examiner, the applicant may appeal against the
decision of refusal.
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(12)
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Appeal Examination (against
Decision of Refusal)
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The appeal examination against
the decision of refusal is performed by a collegial body of three or five
appeal examiners.
Decision of the appeal examiners is called an appeal decision.
When it is judged as a result of appeal examination that the reasons for
refusal was solved, an appeal decision to grant a patent is performed, and
when the appeal examiners judge that the reasons cannot be canceled and the
patent cannot be registered, an appeal decision of refusal is performed.
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(13)
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Registration (Patent Fee
Payment)
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Provided that the applicant pays
the patent fee, once the decision to grant a patent has been made the patent
right will come into effect as it is entered in the Patent Register. At the
same time, the invention acquires a patent number. After a patent is
registered, a certificate of patent will be sent to the applicant.
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(14)
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Publication of Patent Gazette
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The contents of the patent right
entered in the Register will be published in the Patent Gazette.
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(15)
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Appeal for Invalidation
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Even after a patent is
registered, any person may appeal for invalidation of the patent if it has a
flaw.
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(16)
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Appeal Examination
(Invalidation)
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An appeal examination of
invalidation is carried out by a collegial body of three or five appeal
examiners.
If the appeal examiners judge that there is no flaw in the decision to grant
a patent, they will make a decision to maintain the patent. If however they
judge that the decision to grant was flawed, they will make a decision to
invalid the patent right.
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(17)
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Intellectual Property High Court
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An applicant who is dissatisfied
with an appeal decision of refusal of an appeal against decision of refusal,
and an interested party who is dissatisfied with an appeal decision of
invalidation or maintenance, may appeal to the Intellectual Property High
Court.
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（Note）
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•
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The revised time limit is to
be applied for patent applications filed after October 1, 2001.
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•
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To the patent applications
filed before September 30, 2001, the time limit of seven years from the
filing date is to be applied.
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•
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As for the details, click for
‘Revision of the time limit for submitting a request for examination.’
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（from Japan Patent Office）
Procedures for Obtaining a Trademark Right
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What is a Trademark? |
A trademark is a mark used by a manufacturer, dealer or service provider
in respect of goods or services in order to differentiate them from goods
and services offered by other parties which are of the same or a similar
type.
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| ■ |
Effects of Registering a Trademark |
| （１） |
A granted trademark right is effective throughout Japan, and its owner is
able to use it exclusively in respect of the designated goods and services
without exclusion by any other party. |
| （２） |
The use by another party of an identical or similar trademark in respect of
an identical or similar range of goods or services constitutes infringement, and
the trademark owner may claim the infringer to cease the infringing acts and
payment of damages |
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| |
| (1) |
Application |
| In order to obtain a trademark right, an applicant must fill out the forms
prescribed in the relevant ordinances and submit them to the Japan Patent
Office. |
| (2) |
Publication of Unexamined Application |
| The JPO will publish the content of an application in the Official Gazette
after filing. |
| (3) |
Formality Examination |
| An application document submitted to the JPO will be checked to see whether
it fulfills the necessary procedural and formal requirements. An invitation to
correct will be made where necessary documents are missing or required sections
have not been filled in. |
| (4) |
Substantive Examination |
| An examination will be made of whether the application fulfills the
substantive requirements. The following trademarks will be refused as they are
deemed not to meet the substantive requirements. |
| (i) |
Trademarks which do not enable consumers to differentiate the applicant's
goods or services from those belonging to other parties |
| (ii) |
Trademarks which are unregistrable for reasons of public interest or for the
protection of private interests |
|
| (5) |
Notification of Reasons for Refusal |
| Where an application fails to meet the substantive requirements, a
notification of reasons for refusal will be sent. |
| (6) |
Written Argument / Amendment |
| An applicant may submit either a written argument against a notification of
reasons for refusal or an amendment that would nullify the reasons for
refusal. |
| (7) |
Decision of Registration |
| If it is ultimately judged that there are no reasons for refusal, a decision
to register a trademark will be made. |
| (8) |
Decision of Refusal |
| If a written argument and an amendment can not eliminate the reasons for
refusal, and if the examiner judges that the trademark can not be registered, a
decision of refusal will be made. |
| (9) |
Appeal against Decision of Refusal |
| When dissatisfaction is in the decision of refusal of the examiner, the
applicant may appeal against the decision of refusal. |
| (10) |
Appeal Examination (against the decision of refusal) |
An appeal examination against a decision of refusal is performed by a
collegial body of three or five appeal examiners.
Decision of the appeal
examiners is called appeal decision.
When it is judged, as a result of appeal
examination, that the reasons for refusal was solved, an appeal decision to
register a trademark is performed, and when the reasons for refusal is judged
that the reasons cannot cancel and the trademark cannot be registered, an appeal
decision of refusal is performed |
| (11) |
Registration (Registration Fee Payment) |
| With the payment of the registration fee, the registration of the trademark
right will take place and the trademark right will come into force. |
| (12) |
Publication of a Trademark Gazette |
| As for the trademark right which has been registered and come into force,
the contents are published on the trademark gazette. |
| (13) |
Opposition |
| Any person may file an opposition to the decision to register a trademark
with the Commissioner of the JPO. |
| (14) |
Appeal for Invalidation / Revocation |
Even after a trademark is registered, any person may appeal for invalidation
of the trademark if it has a flaw.
Moreover, if the trademark has not been
used after registration for three years or more, an appeal for revocation may be
charged. |
| (15) |
Appeal Examination (Invalidation / Revocation) |
An appeal examination of invalidation/revocation is performed by a collegial
body of three or five appeal examiners.
About invalidation, if the appeal
examiners judge that there is no flaw in the decision to register a trademark,
they will make a decision to maintain the trademark registration. If however
they judge that the decision to grant was flawed, they will make a decision to
revoke the trademark right.
About revocation, when a right holder cannot
prove using the trademark, an appeal decision of revocation is performed, and
the trademark right is revoked. |
| (16) |
Intellectual property High Court |
| An applicant who is dissatisfied with an appeal decision of refusal of an
appeal against decision of refusal, and an interested party who is dissatisfied
with an appeal decision of invalidation, revocation or maintenance, may appeal
to the Intellectual Property High Court. |
（from JAPAN PATENT OFFICE）
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| Copyrightc2007 Matsuda International Patent Attorneys Office. All Rights Reserved |
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