Contents
What is a patent right?
A patent right is the right to monopolize the practice of an invention. To obtain a patent right in Japan, you need to file an application with the Japan Patent Office for examination. If the patent is granted as a result of the examination, you can retain the patent right for up to 20 years in principle from the filing date.
By obtaining a patent right, you can exclusively manufacture and sell products related to the patented invention, or you can license manufactures or sellers to earn profits.
Features of our services in application for registration of patents and utility models
We provide high quality services through our unique quality control system. We also offer a variety of courses to meet the needs of our clients. We have abundant application experiences not only in Japan but also overseas, so if you are thinking of acquiring intellectual properties with a view to expanding overseas, please see "Foreign application" and consult us.
Specialized technical field
The following fields are our specialties.
- Software related invention
- Hardware invention (Mechanics, Mechatronics, etc. )
- Network, Communication, Control technology
- Semiconductor devices, Manufacturing processes, Materials
- Image processing
- Energy, Environment
- Home appliances
- Business method
- Daily necessities
We may be able to handle other technical fields than those listed above.
Please contact us for availability.
Flow from patent application to acquisition of rights
This is the procedure from filing a patent application to obtaining a right. The following flow is just a basic flow and may differ depending on cases.
- Patent application
- A patent application will not be examined just by completing the application procedure. It will be examined only after the application examination request procedure is completed. In addition, there are various beneficial systems, such as official fee reduction and accelerated examination.
- Formality examination
- The officer of the Patent Office will check the application documents for any errors in formalities. At this point, the substantial examination will not be done.
- Publication
- One year and six months after the filing date, the patent application filed with the JPO will be open to the public. Anyone can access the content of the application as a "public patent document" for free through the official website J-PlatPat (Japan Platform for Patent Information).
- Request for examination
- In order to undergo examination (substantive examination) as to the application, it is necessary to file a request for examination of the application within three years from the filing date.
* As a general rule, a request for examination can be made within 3 years from the filing date. Therefore, if you want to acquire the right at an early stage, you can request for examination at the same time as filing the application. On the other hand, if the request for examination is not filed within the period, the application will be regarded as withdrawn and the patent right will not be obtained.
* We will manage deadlines for procedures on your behalf.
Please contact us for details on deadlines and charges.
- Substantive examination
- The examiner of the Japan Patent Office conducts a substantive examination of the content of the invention. Specifically, whether or not the applied invention meets the requirements for obtaining a patent, and in other words, whether or not the applied invention has a reason for refusing the patent (reason for refusal). Here, The "decision of a patent grant" is made for an application that meets all the patent requirements.
- Notice of reasons for refusal
- Even if the reason for refusal is notified, it does not mean that a decision of refusal will be made immediately (or that patent right cannot be obtained). You can respond to the notified reason for refusal by submitting a written opinion or making an amendment. As a result, it is possible to obtain a patent right if the reason for refusal is resolved.
* In order to aim for as wide a right as possible, it is rare that a patent decision is issued without the reason for refusal, but rather it is common that the patent right is granted by eliminating the reason for refusal.
- Preparation and submission of written opinions and amendments
- In response to the reasons for refusal notified by the JPO, you can respond by submitting a written opinion or making amendments for the application. If the reasons for refusal can be resolved through these procedures, the patent will be granted.
- Patent decision
- If there is no reason for refusal in the patent application, or if the reason for refusal is resolved by submitting a written opinion or making an amendment, the examiner of the JPO will approve the patent and make a "patent decision". However, at this point, the patent right has not yet been issued.
- Payment of patent fee
- If you pay the patent fee for 3 years to the JPO within 30 days from the date when the copy of the patent decision is issued, the setting of the patent registration will be done.
- Rights acquisition
- The patent right will be issued when the setting is registered. In addition, a "patent certificate" will be promulgated to the applicant.
- Maintaining rights
- The patent right lasts up to 20 years after the date of filing the patent application, during which time you need to pay an annual patent fee.
* We will send you the deadline notification and take procedures for maintaining rights on your behalf.
Rate plan
We have various courses to meet our clients’ needs.
Please contact us from the inquiry page for details on charges and so on.
Utility model right
Utility models differ from patents in that they adopt, what is called, a non-examination registration principle.
The non-examination registration principle means that the JPO conducts a formal examination of whether the application documents comply with a prescribed format, a basic matter examination such as whether the protection target is appropriate. If the applications meat these conditions, the registration of rights will be done without a substantive examination such as novelty and inventive step.
While the utility model right has the advantage of being able to obtain rights very quickly, there are some restrictions when enforcing rights to a third party. That is, you need to obtain a “utility model technical evaluation report” (substantial substantive examination report) from the Japan Patent Office beforehand and give a warning to the party.
Flow from filing utility model applications to acquiring rights
- Formal examination / examination of basic requirements
- Correction command
- As a result of the examination, if there are any deficiencies, an amendment order will be issued.
- Submission of amendment
- When you receive an amendment order, submit the amendment.
- Setting registration
- Utility model rights will occur if there is no deficiency in the application.
- Maintaining rights
- The utility model right lasts up to 10 years after the filing date, but you need to pay the annual registration fee during the period.
The registration fee for 3 years will be charged in advance at the time of application, so you will need to pay the maintenance fee from the 4th year.
* We will send you the deadline notification and take procedures for maintaining rights on your behalf.
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