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Patent

Introduction

In order to obtain a patent right in Japan, one must apply to the Japan Patent Office and go through an examination to determine whether the application fulfills all the necessary requirements.

Japan has adopted the first-to-file system. Accordingly, it is advisable to file as soon as possible after invention. It is also advisable not to make the invention public before filing a patent application. The Japan Patent Office publishes the content of an application after 18 months from the filing date of patent applications in Japan. A substantive examination will be carried out only for applications requested for examination with the examination fees. Any application not requested for the examination within 3 years from the filing date will automatically be regarded as abandoned and cannot be patented thereafter in Japan

Filing Requirements

  • Name and address of Applicant and Inventor
  • Electronic filling data of specification and drawing (in English or Japanese)
  • filing date, name of the country, filing number of the priority application, and certified copy of priority document, in case priority is  claimed.
  • When entering the national phase in Japan of a PCT application, the following information and documents are required.
  • PCT application number
  • Electronic filling data of amendment under PCT article 19 and 34, if these were filed.
  • A copy of an International Preliminary Examination Report.

Utility Model

Introduction

The subject of protection of a utility model in Japan is a device relating to the shape or construction of articles or a combination of articles. Accordingly, a method may not be covered in a utility model.

As the lifecycle of products decreases, the demand for earlier protection for utility model rights has become progressively more noticeable. In order to respond to this requirement, the utility model law was revised as of January 1, 1994 in Japan to dispense with the substantive examination whether the application has novelty, an inventive step and the like.

Filing Requirements

  • Name and address of Applicant and Inventor
  • Electronic filling data of specification and drawing (in English or Japanese)
  • Filing date, name of the country, filing number of the priority application, and certified copy of priority document(s), in case priority is claimed.
  • When entering the national phase in Japan of a PCT application, the following information and documents are required.
  • PCT application number
  • Electronic filling data of amendment under PCT article 19 and 34, if these were filed.
  • A copy of an International Preliminary Examination Report.

Design

Introduction

The design provides protection for creativity which is based on the concept of beauty from the viewpoint of an esthetic perception of a design, in contrast to that inventions and utility models are created with technological concepts using the operation of natural laws and rules

Filing Requirements

  • Name and address of Applicant and creator
  • Dawing or photograph (essentially showing six sides of the article)
  • Filing date, name of the country, filing number of the priority application, and certified copy of priority document, in case priority is claimed.

Trademark

Introduction

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.

Filing Requirements

  • Name and address of Applicant
  • Mark
  • List of goods and/or services
  • Filing date, name of the country, filing number of the priority application, and certified copy of priority document, in case priority is claimed.

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