General information About IP Rights Systems in Japan

Patents

Non-patentable matter	Matter against public morality
Examination	Yes Request for Examination must be filed within 3 years from filing date
Publication	18 months from the first filing date (compulsory)
Registration	Minimally first three years annual fees should be paid as an Issue Fee
Opposition	No
Invalidation appeal	Can be filed in any time after issued.
Correction of patent	Available
Duration	20 years from filing date. 5 years extension is available for specific invention.
Provisional protection	After the publication; applicant must send warning letter to an accused infringer. Actual damages can be compensated after granting.

Utility Models

Patentable matter	Construction or configuration of a device, or combination thereof
Examination	No (automatic registration after formality examination)
Registration	Issue fees for minimally first three years annual fees should be paid.
Publication	After granting
Opposition	No
Invalidation appeal	Can be filed in any time after issue.
Correction	Yes
Duration	10 years from the filing date; No extension is available.
Protection	After granting and search report issued by the JPO saying that the UM right is effective must be sent to accuse infringer.
Conversion	Utility Model applicant or owner can convert his or her Utility Model application or right to a patent application within 3 years from its filing date

Designs

Patentable matter	Normal design, partial design, and a set of design
Examination	Yes
Registration	Issue Fees for minimally first year annual fee must be paid.
Opposition	No
Invalidation appeal	Can be filed any time after issuing.
Correction of design	No
Duration	15 years from the issuing date

Trademarks (Service Marks)

Registrable marks	Normal marks, service marks, defensive marks, color marks, and 3D marks
Classification	International Classification
Application form	Multiple classifications can be included in one application
Examination	Yes
Publication	Within few months from filing date
Registration	Issue fees for minimally five years annual fees or for total 10 years thereof must be paid.
Opposition	Can be filed within 2 months from issuing date.
Invalidation appeal	Can be filed after issuing.
Appeal for revocation	Can be filed if trademark has not been used more than three years.
Duration	10 years from the registration date
Renewal of duration	10 years renewal with evidence of use thereof.

Notes of Filing for IP Rights in Japan for Our Foreign Clients

In filing any kinds of IP matter in Japan, no Power of Attorney and no Assignment is required for the applicant. It will be asked to the applicant if when an Examiner will specifically require filing same later.
All kinds of applications for IP matters can be filed at the Japanese Patent Office through an on-line system since January 1, 2000.
Regarding the Japanese Patent Application, if it is very important for the applicant and if the applicant wishes to obtain the patent right quickly, to file an acceleration examination with asking interview with an examiner is recommendable.
For reducing the cost for obtaining and keeping patent rights in Japan, to consider the reduction of number of claims to be examined or to be registered in the patent application is recommendable. Another recommendation of our firm is to have an intimate communication between the applicant and our firm so as to shorten the examination term.
If an Patent Application should be filed at the JPO immediately and there seems to be no time for making full translation of the specification, English application can be acceptable by the JPO, with filing the full translation within 2 months from the filing date.
Anybody can file Presentation of Information at the JPO, after an application had been opened so as to have Examiner informed of pertinent prior arts.
Regarding a Japanese Patent Application through PCT, a Domestic Transition Document (D. T. D.) to effect a PCT International Patent Application (I. P. A.) as a Japanese Patent Application in the national stage, should be filed at the JPO, within 30 months from the first priority date of the I. P. A. But the Japanese Translation thereof can be filed within two months from the filling date of D. T. D.

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