IPRTOPLLC

01

What rights can be obtained for intellectual creations in Japan? Please explain the requirements for granting rights and the duration of their validity.

In Japan, one can obtain patent rights, utility model rights, and/or design rights. These rights allow the holder to exclusively exploit their creation for a certain period. A patent right is granted when the invention submitted to the Japan Patent Office (JPO) meets several requirements: it must qualify as an invention under the Patent Act, be industrially applicable (industrial applicab...MORE>>>

In Japan, one can obtain patent rights, utility model rights, and/or design rights. These rights allow the holder to exclusively exploit their creation for a certain period.

A patent right is granted when the invention submitted to the Japan Patent Office (JPO) meets several requirements: it must qualify as an invention under the Patent Act, be industrially applicable (industrial applicability), be new (novelty), not easily conceived by others (inventive step), and not have been previously filed (first-to-file requirement). If all these conditions are met, a patent right is granted.

Utility model rights protect inventions related to the shape, structure, or combination of articles. The substantial content of the application is not examined, and if the basic requirements are met, the utility model right is registered.

Design rights protect the design of articles, including their shape, patterns, or colors. After an application and examination by the JPO, a design right is granted if the design meets the requirements for industrial applicability, novelty, non-obviousness, and first-to-file requirement.

The duration of these rights is as follows: 20 years for patents, 10 years for utility models, and 25 years for designs, starting from the filing date. Note that patent rights for pharmaceuticals and certain other fields may be extended by up to 5 years.

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02

Are there ways to expedite the examination of patent applications in Japan?

There are three methods to expedite patent examination: (1) Patent Prosecution Highway (PPH) Based on agreements with the JPO, applications with inventions deemed patentable by other countries' or regions' patent offices can undergo a simplified and expedited examination process upon the applicant's request. For PCT applications entering Japan, one can also request expedited examination using...MORE>>>

There are three methods to expedite patent examination: (1) Patent Prosecution Highway (PPH) Based on agreements with the JPO, applications with inventions deemed patentable by other countries' or regions' patent offices can undergo a simplified and expedited examination process upon the applicant's request. For PCT applications entering Japan, one can also request expedited examination using PCT-PPH, utilizing the international stage results of the PCT application. The period until the first examination result is notified is shortened to 2-4 months.

(2) Request for Accelerated Examination Applicants can request accelerated examination under the following conditions: ① Applications by SMEs, individuals, universities, or public research institutions ② Foreign-related applications, where the applicant has filed for the same invention with other patent offices or intergovernmental organizations, including PCT applications. ③ Working-related applications, where the applicant or licensee plans to work the invention within 2 years of filing the request. ④ Green-related applications, for inventions with environmental benefits such as energy saving or CO2 reduction. ⑤ Applications related to disaster recovery support. ⑥ Applications related to the promotion of Asian business hubs.

Foreign applicants often use the foreign-related application condition for accelerated examination. The period until the first examination result is notified is shortened to 2-4 months.

(3) Super Accelerated Examination Super accelerated examination applies to applications that meet both of the following conditions: ① "Working-related application" and "foreign-related application," or applications by venture companies that are "working-related." ② All procedures conducted online for at least 4 weeks before the request.

The first examination result is notified within one month of the request.

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03

If a Japanese patent application must be filed immediately before the expiration of the priority period under the Paris Convention and a Japanese translation cannot be prepared in a short time, can a patent application still be filed?

You can file using the foreign language document filing system. This system allows filing with a Japanese application form and attaching foreign language documents (specification, claims, necessary drawings) and a foreign language abstract. The benefits are: ① Securing the filing date with foreign language documents while preparing the translation later. ② Allowing corrections for mistranslat...MORE>>>

You can file using the foreign language document filing system. This system allows filing with a Japanese application form and attaching foreign language documents (specification, claims, necessary drawings) and a foreign language abstract. The benefits are: ① Securing the filing date with foreign language documents while preparing the translation later. ② Allowing corrections for mistranslations.

The Japanese translations of the foreign language documents must be submitted within one year and four months from the filing date (or the earliest priority date). If not submitted within this period, a notification is sent, and the applicant has two months from the notification date to submit the translation.

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04

Can a request for restoration of priority be accepted when an international application is filed in Japan after 12 months from the filing date of the application on which priority is based?

Even if the international application is filed after the 12-month priority period, the receiving office will accept a request for restoration if the reason for the delay meets the "unintentional" or stricter "due care" standard adopted by the office. As of April 1, 2023, Japan has adopted the more lenient "unintentional" standard. The request must be made within two months from the expiration of t...MORE>>>

Even if the international application is filed after the 12-month priority period, the receiving office will accept a request for restoration if the reason for the delay meets the "unintentional" or stricter "due care" standard adopted by the office. As of April 1, 2023, Japan has adopted the more lenient "unintentional" standard. The request must be made within two months from the expiration of the priority period, stating that the delay was unintentional and providing a clear and concise reason.BACK>>>

05

If an invention is disclosed before filing a patent application, will the disclosure result in a loss of novelty for the patent application?

If the invention is disclosed due to acts of the right holder or against the inventor's intent and the patent application is filed within one year of disclosure, the exception to the loss of novelty can be applied. This means the application will be examined as if the disclosure did not affect novelty. Examples of such disclosure include: ① Disclosure through testing ② Disclosure through publ...MORE>>>

If the invention is disclosed due to acts of the right holder or against the inventor's intent and the patent application is filed within one year of disclosure, the exception to the loss of novelty can be applied. This means the application will be examined as if the disclosure did not affect novelty. Examples of such disclosure include: ① Disclosure through testing ② Disclosure through publication ③ Posting on websites or new products on websites ④ Disclosure at academic conferences, seminars, or presentations to investors or customers ⑤ Disclosure at exhibitions, trade fairs, or expositions ⑥ Disclosure through sales or distribution ⑦ Disclosure through press conferences or live TV/radio appearances ⑧ Unintentional disclosure by others

However, inventions published in patent gazettes do not qualify for this exception. To apply for this exception, a statement must be submitted at the time of application, and proof must be provided within 30 days of filing.

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