PATENT

Subject of protection of patent

The subject of protection of a patent in Japan is an invention which is the highly advanced creation of technical idea by which a law of nature is utilized. Consequently, calculation methods or encryption determined by arbitrarily defined rules, for instance for finance and insurance systems or taxation methods, which are not based on natural laws and rules, do not represent a protected subject.

 

Since the recent rapid development and diffusion of information technology (IT) are dramatically changing, so-called "business method patents" can greatly influence various industries. The business method patents can be approved as part of software related patents in Japan.

 

Procedures for obtaining a patent right in Japan

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. An 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

 

When filling a patent application in Japan based on the Paris Convention, the following information and documents are required.

(1) Name and address of Applicant and Inventor

(2) Electronic filling data of specification and drawing (in English or Japanese)

(3) filing date, name of the country, filing number of the priority application, and priority document (certified copy of the original specification), if you would like to claim priority.

 

When entering the national phase in Japan of a PCT application, the following information and documents are required.

(1) PCT application number

(2) Electronic filling data of amendment under PCT article 19 and 34, if these were filed.

(3)A copy of an International Preliminary Examination Report.

 

The whole procedure from filing to registration in Japan is shown in the flow chart below.