To obtain a patent right in Japan, an interested party must file an application, submit it to the Japan Patent Office and undergo examinations. Before starting the patent registration procedure, it is important to ensure that there are no similar inventions. J-PlatPat is the platform where you can find all the necessary information regarding published Japanese patents.
If after a detailed search it turns out that there are no similar patents, it is time to file an application.
Application process
It is advisable to file an application as soon as possible since Japan also follows the “first to file” rule: the party who files an application first will be granted the patent. If you have already filed an application in a Paris Convention member state, you can claim priority. The priority document must be filed within one year and four months from the date of filing the initial application. This also applies to PCT applications .
When priority is based on a request from the European Patent Office (EPO), you do not need to submit a priority document because the EPO and the Japan Patent Office have established an electronic transfer system.
The application must be submitted in Japanese. It must consist of specifications, drawings, and the following information:
- Name and address of the inventor;
- Name and address of the assignee;
- History of priority right and state;
- Priority order number.
The invention must be described in a clear and complete manner. The content of an unexamined application will be published in the Official Gazette within 18 months from the date of filing the application.
Examination process
First, a formality check is conducted. The application is checked to ensure that it meets the necessary requirements. If there are missing documents or sections, the Japan Patent Office sends an invitation to correct the application.
Substantive examination, on the other hand, is only conducted after the Japanese Patent Office receives a request for examination from the applicant. In addition, you need to pay the required fee which depends on the number of claims. The applicant has three years from the date of filing the application in Japan to file such an application. If a request for examination is not filed by the deadline, the application will be considered withdrawn. In this case, you will not be able to recover it.
The examination will be conducted by an examiner from the Japan Patent Office after receiving the application. He or she will decide whether a patent should be granted for your invention. The examiner will check whether the application meets the legal requirements. The requirements are based on the following conditions:
- If the invention is based on a technical idea that uses a law of nature;
- If it has any industrial application;
- If the technical idea existed prior to the submission of the current application;
- If it can be easily invented by someone who is an expert in the field;
- If the application is the first to be submitted;
- If it is likely to violate public order and morals; and
- If the descriptions in the specifications fully comply with the requirements for obtaining a patent.
If any of the requirements are not met, a notice of the reasons for the rejection will be sent to the applicant. The applicant who receives the notice has the right to submit a written argument claiming that the invention differs from the prior art or to amend the claims to invalidate the reasons for the rejection.
Granting of patent and publication
The examiner may grant a patent if no grounds for rejection are found or they are eliminated by argument or amendment. However, if the examiner considers that the grounds for rejection have not been eliminated, a decision of rejection will be made.
The applicant then has the opportunity to appeal against the rejection decision. After the decision to grant the patent is made and registered in the patent register, the patent right will come into effect. After the patent is registered, the patent certificate will be sent to the applicant.
Objection
The content of the patent right registered in the register will be published in the Patent Gazette. A third party may file an objection within six months from the date of publication. In addition, even if a patent has been registered, an interested party may appeal to invalidate the patent if it has defects.
The patent right is valid for 20 years from the date of filing. This period may be extended for up to five years for pharmaceutical products and agricultural chemicals. The latest information on filing applications, examination, objections and other fees can be found here .
