(INPIT) provides "Japan Platform for Patent Information (J-PlatPat)" for anybody to and other by entering FI and F-terms or facets used in Japan Patent Office. These sites allow keyword searches over US patents, European patents, PCT applications If you require a translation from Japanese into English for the entire. JAPAN PATENT OFFICE Required for the Examination (PDFKB) Chapter 3 Unity of Invention (Patent Act Article 37) (PDFKB).
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Searching in databases - This area of the European Patent Office website is Searching Japanese designs by classification on the JPO's J-PlatPat (PDF, Japanese texts published in the Official Gazette. .) Patent Act Act No. of Chapter I General Provisions. .) Article 1 Purpose. The purpose of this Act is. JAPAN PATENT OFFICE. JP. Summary of requirements for entry into the national phase. Time limits applicable for entry into the national phase.
In , the number of registered Patent Attorneys was The JPAA has also been a leader in promoting better understanding of various issues relating to intellectual property IP.
For example, the JPAA has hosted a number of seminars and lectures focusing on IP issues on such wide-ranging topics as international treaties, domestic and international laws and new and advanced technologies. The examination consists of a three-step screening method: first a multiple-choice examination, then an essay writing examination, and finally an oral examination. The examination consists of several mandatory subjects such as industrial property laws and treaties as well as optional subjects such as communication engineering, organic chemistry, and other natural sciences.
Registration[ edit ] A person who has passed the examination or who holds another national qualification for becoming a Patent Attorney must register himself or herself with the JPAA to practice as a Patent Attorney. The JPAA oversees and regulates the activities of its members, for example by requiring each JPAA member to abide by the code of ethics which is prescribed by the law that sets the standard regulating the members' conduct.
There are eight JPAA vice-presidents who help and support the president. The president and vice-presidents form a Board of Executive Directors that decides on and executes the budget and main projects of the JPAA. That is, up to 20 council members will be added to the board of directors and the term of the president will be extended to two years starting from April This number will increase to 60 in April Professional Services[ edit ] The Patent Attorney represents both Japanese and foreign clients in the procedures of patent, utility model, design, and trademark applications before the Japan Patent Office.
No person except a Patent Attorney or Attorney at Law is permitted to represent clients before the Patent Office in exchange for remuneration.
Foreign Patent Searching Guide
Other than representation before the Patent Office, the Patent Attorney can represent clients in connection with matters related to unfair competition law and the procedures associated with arbitration or settlement regarding IP issues, importation of infringing articles, and IP licensing. The Patent Attorney can represent clients in an administrative proceeding in appealing the Patent Office's decision before the Intellectual Property High Court. The Patent Attorney can prepare expert opinions with respect to patent, utility model, design, and trademark.
An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation",  where one can search for Japanese laws and their unofficial English translation.
Article 2, paragraph 1, of the Patent Act of Japan defines invention as "the highly advanced creation of technical ideas by which a law of nature is utilized". This definition was introduced in following German jurist Josef Kohler 's definition. Although the substance of the definition is almost accepted, there is opposition against giving a definition of "invention" in a written law in many other patent systems, invention is not defined directly.
In the generally accepted interpretation, the phrase highly advanced does not imply a requirement for an inventive step since the matter of inventive step is dealt with in Article 29, paragraph 2. The definition may have been included in light of the Utility Model Act of Japan which gives a definition of a device as "the creation of technical ideas by which a law of nature is utilized".
The procedures for obtaining a patent right in Japan is described in detail on the website of Japan Patent Office. Article 39 states that a person who is the first to file an application for a patent for an invention may obtain that patent, rather than a different person who is the first to invent the same invention. Article 30 provides a six-month grace period for disclosures made through an experiment, publication, presentation at a study meeting or an exhibition a trade fair or the World's Fair or for if the invention becomes known to public against the applicant's will.
Such disclosures do not form part of the prior art. This is a much broader exemption than the one available under European patent law Article 55 EPC but is significantly narrower than that provided under United States patent law.
A person desiring to obtain a patent has to submit a request, specification, claims, any drawings necessary, and the abstract to the commissioner of the Japan Patent Office Article Article 36bis allows an application in foreign languages currently only in English if the applicant submits a Japanese translation within two months from the filing date. However, the applicant may not amend the foreign language file Article 17, paragraph 2. In there was a revision of Japan Patent Law.
Pursuant to a revision of the law, the period for filing a Japanese translation for a Foreign Language Application is 14 months from the filing date or the priority date. Patent applications are published without a search report after 18 months has expired from the filing date Article The applicant may request for early publication Article 64bis. Request for examination and payment of examination fee are needed for an application to be examined Article 48bis.
The applicant, or a third party,  may request examination within three years from the filing date Article 48ter , this time limit is to be applied for patent applications filed after October 1,  if they stand examination fee Article , paragraph 2. A qualified examiner examines the application Article The examiner notifies the applicant of the reasons for refusal before making the decision to refuse a patent Article 50 , pointing out that some of the above conditions for patent are not met.
The applicant may submit a statement or amendments against the reasons for refusal, within a time limit designated by the examiner Article 17bis and The time limit is normally 60 days after the date of notification for applicants living in Japan, or three months after the date of notification for applicants living in foreign countries. If the examiner finds that some reasons for refusal notified to the applicant have not dissolved by the applicant's statement or amendment, the examiner issues a decision to refuse a patent Article 49 ; otherwise the examiner issues the decision to grant a patent Article Opposition procedure after an examiner's decision to grant a patent was abandoned in ; trial for invalidation Article serves as the alternative.
Whenever the applicant is allowed to amend the claims, specification, and drawings of a certain application, the applicant may derive a new application from the application Article This is called "division of application".
Division of application is not allowed after the applicant received a copy of the examiner's decision to grant a patent.
Japanese patent law
The Japan Patent Office's interpretation of the patent law related to examination procedure is provided for in the "Examination Guidelines for Patent and Utility Model in Japan" in English. Applicants dissatisfied at the decision of refusal may demand a trial within 3 months from receiving a copy of the decision Article Amendments are allowed when they demand for the trial Article 17bis, paragraph 1.
If amendments are made, an examiner re-examines the application Article Usually the examiner who made the decision of refusal is appointed for re-examination. The examiner then issues a decision to grant a patent, or reports to the Commissioner if there are reasons for refusal that have not dissolved by the amendments Article In case amendments were not made, or the examiner reported that reasons for refusal still remain, a group of three or five qualified trial examiners Article conduct the trial by communicating with the applicant in letters Article , paragraph 2.
A person dissatisfied at the trial may demand a retrial Article , or may sue the commissioner of the Japan Patent Office in quest of the patent Article and Anyone may demand the commissioner of the patent office a trial for invalidation of a patent against the patentee Article A group of three or five trial examiners Article conduct the trial, gathering the parties to the patent office Article , paragraph 1 and 3.
The patentee may demand restriction of claims, or correction of errors or ambiguity Article bis, added in to avoid the invalidation. A lawsuit against patent infringement may be suspended until a trial decision of the patent office has become final and conclusive Article , paragraph 2. Summary of the rules on patentability is as follows. More detailed description is found in "Examination Guidelines for Patent and Utility Model in Japan"  with summaries of significant court decisions.
Sharing the same rule as other jurisdictions, Japanese patent law does not grant exclusionary rights to existing technologies. Article 29 1 of Patent Act stipulates this point; an inventor may not obtain a patent for inventions that were known to the public "publicly known" Item i , inventions that were publicly worked "publicly used" Item ii or inventions that were described in a distributed publication or made publicly available through an electric telecommunication line Item iii , in Japan or a foreign country prior to the filing of the patent application.
For this decision to be made, in the abstract, an accurate assessment is firstly to be made of the standard of art in the field of art to which the invention belongs as at the time of the application, and the points where the application invention varies from the prior art are to be made clear. Then, while making allowance for the purpose and effect of the invention, a decision is to be made depending on whether or not it is possible to logically support a person skilled in the art having been easily able to achieve the application invention by altering the prior art.
In order to be granted a patent, it must first be industrially applicable: In particular, with respect to inventions such as those concerning genes, chemical substances or organisms, a concrete applicable use must be specified. However, patent rights can be obtained over aspects of medical treatment including pharmaceuticals and medical devices, and the methods of their manufacture note that Article 69 3 of the Patent Act however stipulates certain limitations on the effect of patent rights obtained for pharmaceuticals.
After payment of the annual fees for the first three years, a patent right comes into force by registration Article The commissioner issues the certificate of patent to the patentee Article The term of patent is 20 years from the filing date.
It may be extended for medicines and pesticides Article A patentee have an exclusive right to commercially work the patented invention Article 68 , where "work" an invention means Article 2, paragraph 3.Unlike an ordinary tortious act however, in the case of the infringement of a patent right, it is often difficult to prove the amount of the loss, as well as intent or negligence on the part of the infringer. A person desiring to obtain a patent has to submit a request, specification, claims, any drawings necessary, and the abstract to the commissioner of the Japan Patent Office Article Assessed on November 27, After dividing its entire service area into more than operations, the JPO selected 20 specific operations which would potentially could benefit from the application of AI technologies.
Comments on the Japan Guidelines for Licensing Negotiations Involving Standard-Essential Patents
Summary of the rules on patentability is as follows. In the event there is clear and convincing evidence that a patent is invalid, a claim for injunction, damages, or other claims based on such patent is beyond the scope of rights intended by the act, except in extenuating circumstances.
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In making a demand for an injunction under Paragraph 1 of Article , the patentee may also demand measures necessary for the prevention of an act of infringement, including the disposal of products constituting the act of infringement and the removal of facilities used for the act of infringement: