Examination Procedure

When a patent application is filed with the Japan Patent Office (JPO), the formality section of the JPO examines if the application meets the formality requirements. When the application does not … [Read more...]

Patent Protection in Japan

The Ministry of Economy, Trade and Industry promotes structural reform of the Japanese economy and encourages an environment that brings forth new industries. One of the important policies of the … [Read more...]

Court System in Japan

In Japan, the Japanese Patent Office and the courts are the government agencies charged with the handling of patent rights. The Japanese Patent Office examines patent applications seeking protection … [Read more...]

Japan Patent Attorney

A Japanese patent attorney (benrishi) is an attorney who has a qualification for representing clients in obtaining intellectual property rights such as patents and in procedures relating to patent … [Read more...]

Statutory Subject Matter

Invention An invention that receives a patent is ‘a high level creation from technical ideas that utilize natural law’. Inventions can be classified into those for articles (including … [Read more...]

Industrial Applicability

An invention that is granted a patent must be industrially applicable (Article 29, Main Section, of the Japanese Patent Law). Industrial application is the ability for the invention to be used in … [Read more...]

Novelty

Article 29, Paragraph 1, of the Japanese Patent Law  is quoted below: Article 29 (Conditions for Patentability) 1. An inventor of an invention that is industrially applicable may be entitled to … [Read more...]

Inventive Step

Article 29, Paragraph 2, of the Japanese Patent Law  is quoted below. Article 29 (Conditions for Patentability) 2. Where, prior to the filing of the patent application, a person ordinarily … [Read more...]

Novelty with Whole Content Approach

The content of an invention described in the specification or drawings, including content outside the scope of the claims, is disclosed by the patent being laid open or published in a patent … [Read more...]

First to File

Article 39 of the Japanese Patent Law is quoted below: Article 39 (Prior application) 1. Where two or more patent applications claiming identical inventions have been filed on different dates, … [Read more...]