In Japan, firms are competing with innovative products and services to gain market share. It’s critical to come up with something new and disruptive to the market. If you do come with something creative, you should apply for a patent to safeguard your intellectual property.
Let us have a look to understand the patent registration process in Japan,
Japan paths the first-to-file method and keeping that in mind you have to file first to confirm your establishment gets a patent before someone else can come up with a similar invention. An applicant can apply for a patent in case of getting his innovation secured on Japan Patent Office (jpo.go.jp)
A utility patent and design patent are some of the different types of patents in Japan. Before attaining a patent, there are numerous requirements that you must recognize:
The invention/development is a patentable topic: Everything that you wish a patent for is not accessible for licensing. Patentable developments/creations include machines, toys, clinical gadgets, apparatuses, and new assembling measures, drugs, programming mechanical techniques, business strategies, or organic material.
Novelty: Nothing that is accessible in the market can be licensed. For a patent, it has to be something that has not been common. Applying to this case, it is tried for Novelty.
Utility: Whatever the formation is, it has to be applied and should be useful universally for the population. The utility need will fail if it fails to do what it is enabled to do.
Frequent discoveries are not capable of a patent, and these include cycles or mental ideas, imaginative manifestations, models or numerical calculations plans, speculations or standards, plant varieties, treatments of humans and animals, computer programs, and patents that go contrary to community interest.
There are two types of patents described below:
Design Patent: With this patent, you can shield the overall shape and design of your creation. The design patent document mostly contains pictures, illustrations, or sketches of the project of the creation.
Patents, like everything else in the world, are complex. To recognize the variations in patents and the various reasons for refusal, you must search currently registered patents. If you are inexperienced and new, it is suggested to use a patent search service by a registered attorney.
The application must be written in the Japanese language. Everything must be translated into Japanese katakana characters. In addition, the description, drawings (if necessary), claims, and abstract also should be written in Japanese. Make sure to file an application claim(s) and provide all the necessary documents which are required to proceed with the application.
The term for filing a patent application in Japan claiming conventional priority is 12-15 months from the priority date.
The application requirements are:
In Japan, patent applications are imperiled to official and substantive assessments. The substantive examination must be demanded, and the official fee must be paid within three years from the filing date in Japan. If the request is not filed and/or the examination fee is not paid in due time, the applicant will have some time from the declaration by the Office to appeal the examination and pay the fee together with the supplement.
If there is an issue with the application or the examiner requires additional paperwork, the applicant is notified and given enough time to reply. If you do not reply, your application will be rejected.
The application is published in the Registry if it is accepted and no official action is taken, or uncertainty all of the questions are answered correctly.
Any party can file an opposition during the time of publication but within a specified time. If an opposition is filed, the applicant is given time to answer accordingly. If the applicant fails to answer, the application may be uncontrolled.
In case of no opposition or if any opposition is resolved, the patent is granted and a notice is sent to the applicant.
The entire patent process in Japan takes around 2-3 years from the date of examination request.
Depending upon impediments and validities involved, the cost varies. The cost of obtaining a patent in Japan is approximately $200 to $800, but can increase accordingly to the case.
A patent in Japan lasts for 20 years from the date of commencement. The attorney fee for applying an application is 1, 00,000 JPY. A grant fee for patent registration in Japan is due within some months from the Notice of Allowance.
Preservation fees are paid in advance, on or before the filing date’s anniversary. On request, a 6-month grace period can be granted, but a late payment cost must be paid.
Businesses must be attentive to the level to which a patent guards the owner’s creation (s). It helps in the creation of validity and superiority.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in Japan doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!