Japanese IP System

Japanese IP System

• Patent law - for invention,
• Utility model law - for utility model,
• Design law - for design,
• Trademark law - for trademark and service mark,
• Copyright law - for work
• etc.

Filing Procedure

Japanese patent law system is first-filing system, in which a person who firstly files application of a same invention is granted patent. An application usually includes at least one claim, embodiment, abstract and drawings in Japanese. An application in English can be filed, but Japanese translation must be filed by 2 months of the filing date. At the time of filing, there is no need to submit power of attorney, declaration and assignment to Japan Patent Office (JPO).

Paris Convention etc.

Japan is a member of Paris convention and WTO. If Japanese patent application claims priority based on an application in another Paris convention member, another WTO member or a bilateral treaty's partner of Japan, claiming priority is declared in the application and a certification of priority must be submitted on/after filing.

In case of entry of a PCT application in foreign language to JP national stage, a request of entering JP national stage must be submitted by 30 months of priority date of the PCT application and Japanese translation of the PCT application must be submitted by 2 months of submitting date of the request -- not by 32 months of the priority date!

Request for Examination

According to Japanese patent law, after receiving a request for examination, JPO examines a patent application. The request must be submitted by 3 years of the filing date. This is regardless of with/without priority.

In Japan, patent generally expires on the day after 20 years from the filing date.

Japanese Patent System

Here is detail of Japanese Patent System.

(May06,2005- Dec26,2005 Revised)