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Frequently Asked Questions (FAQs)


CONTENTS

Patent

1. What is a patent?

2. Can I change the applicant in a pending application?

3. What should I do before applying for a Patent?

4. What should I be aware of before filing a patent application?

5. Can I obtain a patent for my invention for which I have already applied for a patent in my home country?

6. Can I claim a priority right based on the first application filed in a country other than Japan when I file a patent application in Japan?

7. May I file a patent application with the JPO that has been completed in English instead of Japanese?

8. In order to obtain a patent, is it necessary for me to file a request for examination with the JPO after I have submitted my patent application?

9. May I request a refund of the examination request fee if I withdraw or renounce my patent application?

10. I would like to prevent a patent application from being granted.

11. May I have editable forms for an application and other procedures?

12. How can I bring my PCT international application into the national Phase in Japan, and how much are the relevant fees?

13. What can I do when I receive a decision of refusal from the JPO with respect to my patent application?

14. In order to assign my patent right in Japan to another party, what am I required I do?

15. Does the JPO provide English translations of Japanese patents or utility models?

utility model

16. What is a utility model?

17. What should I do before filing an application to register a utility model?

18. What is a "Report of Utility Model Technical Opinion" for a Utility Model?

19. What should I be aware of before claiming my Utility Model right?

20. May I obtain both a patent right and a utility model right for the same invention?

21. May I convert a patent application into a utility model application?

22. May I convert a utility model application into a patent application?

industrial design

23. What should I do before filing an application to register a design?

24. What is an industrial design?

trademark

25. What is a trademark?

26. What should I do before applying a Trademark?

27. What should I be aware of when I apply for trademark registration under the Madrid Protocol (Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) designating Japan?

28. How can I respond to a “Notification of Provisional Refusal” with regard to my international trademark application under the Madrid Protocol?

general

29. What is the responsibility of the JPO? Is the JPO also responsible for the protection of copy rights?

30. Duration of right and time limit for payment of patent/registration fee.

31. May I pay annual fees to maintain my patent, utility model or industrial design right, or may I renew my trademark registration after the time limit?

32. What should I do to obtain a patent or register a utility model, an industrial design or a trademark/service mark?

33. Who may be an applicant?

34. I would like to know whether my invention can be patented or if my design or trademark can be registered in Japan before filing an application.

35. Should I appoint a patent attorney as my representative when I apply for a patent etc.?

36. Should I submit a power of attorney?

37. How can I get a list of patent attorneys in Japan?

38. How can I submit an application or other documents?

39. I would like to know how much the fees are

40. Can I make a payment of official fees such as application fees, patent/registration fees etc. directly to the JPO from overseas?

41. Is there any database searchable for patent, utility model, industrial design or trademark?

42. How can I obtain a copy of the Patent Act and other Acts?

1. What is a patent?

(i) Subject of protection of the Patent Act

Article 1 of the Patent Act provides that the "purpose of this Act is, through promoting the protection and the utilization of inventions, to encourage inventions, and thereby to contribute to the development of industry."

The subject of protection of the Patent Act (Article 2) is an invention. Specifically, the purpose of the Act is to encourage inventions, and thereby to contribute to the development of industry through promoting the protection and the utilization of inventions. In addition, inventions must be characterized by a high level of technological creativity based on natural laws and rules to qualify for protection under the Patent Act. Consequently, methods of calculation or encryption that are determined by arbitrarily defined rules, such as financial and insurance systems or taxation methods, are not based on natural laws and rules and therefore do not qualify for protection under the Patent Act. Moreover, a discovery per se (for instance, Newton's discovery of gravity) does not qualify for protection under the Patent Act.

An invention is something that should probably be kept secret so that it is not stolen. On the other hand, such secrecy makes it impossible for the inventor to put his own invention to effective use and causes other people to needlessly spend resources to invent the same thing. The patent system has been designed to prevent such occurrences. The patent system has also been designed to promote technological progress, industrial development, and the utilization of technological resources to create inventions.

(ii) Duration of a patent right

The period of a patent right is 20 years from the date of filing of the patent application. The period may be extended up to five years for pharmaceutical products and agricultural chemicals.

(iii) Outline of procedures for obtaining a patent right

An outline of the procedures for obtaining a patent right is displayed at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_gaiyo_e/pa_right.htm

2. Can I change the applicant in a pending application?

In order to change the applicant in a pending patent application, the following must be submitted to the JPO: (1) the prescribed form together with the original assignment document, (2) power of attorney and (3) the prescribed fee, i.e. JPY 4,200. In stead of the original assignment document, you can submit a notarized copy of the document that has been certified by a notary public.

If the assignment document, the certification made by a notary public, and the power of attorney are not written in Japanese, a Japanese translation of the document(s) must be submitted. However, the translation need not necessarily be certified by a notary public.

Contrary to an assignment of a patent right, etc., an assignee can request change of applicant for a pending application by himself/herself (see FAQ.14. In order to assign my patent right in Japan to another party, what am I required I do?).

Note: If the assignee does not have a permanent address or residence (or office, if the assignee is a legal entity) in Japan, a legal representative (such as a patent attorney) with a permanent address or residence in Japan must be appointed as a “Patent Administrator” (Article 8, Patent Act). All procedures, including request for change of applicant for a pending patent application, etc. with the JPO must be conducted through the Patent Administrator (see FAQ. 35).

3. What should I do before applying for a Patent?

If you intend to file a patent application, you are advised to search for prior art relevant to your invention through a patent information database or have prior art searched by a patent information search company in your country before filing an application.

If your invention has lost its novelty (and is already publicly known) at the time of the filing of the application, you cannot obtain a patent for the invention (Article 29(1) of the Patent Act). Almost all inventions for which patent applications are filed with a patent office in the world are published in patent gazettes. A patent examiner searches those gazettes and other patent information when he/she performs the substantive examination for your patent application. If he/she finds another invention already published in those gazettes identical to your invention, your invention is determined to be a publicly-known art, and it is often the case that your patent application is refused by the examiner.

The Patent Act in English is available through the following URL.

http://www.japaneselawtranslation.go.jp/law/detail/?id=42&vm=04&re=01

The Industrial Property Digital Library (IPDL) on the website of the National Center for Industrial Property Information and Training (INPIT) is a database for patent information search free of charge.

http://www.ipdl.inpit.go.jp/homepg_e.ipdl

4. What should I be aware of before filing a patent application?

(i) You should know "First to File" principle

According to Article 39 of the Patent Act, where two or more patent applications for an identical invention have been filed on different dates, only the applicant who filed the patent application on the earliest date shall be entitled to obtain a patent for the invention. This rule is called the "First to File" principle. This means that if anybody else files an application for the same invention on a later date, that application will be refused.

(ii) Keep your invention unpublished or undisclosed before filing.

You are advised to keep your invention unpublished before filing a patent application for the invention. Otherwise, your invention will have lost its novelty, and you may not be granted a patent for your invention.

Meanwhile, Article 30 of the Patent Act stipulates an exception to the lack of novelty of an invention under certain conditions when the invention has been exposed to the public during a six month period of time before the filing of a patent application.

(iii) Carefully prepare specifications.

The scope of a patent right is based on the description submitted to the JPO. Particularly, the technical scope of a patented invention shall be determined based upon the statements in the claims (Article 70(1), Patent Act). In addition to this, the meaning of each term used in the claims shall be interpreted in consideration of the statements in the description and the drawings (Article 70(2), Patent Act). Therefore, you are advised to very carefully prepare a description and claims.

When you prepare a patent application for your invention, it will be helpful if you refer to Part I and Part II of the Examination Guidelines for Patent and Utility Model in Japan through the following URL on our Office´s website (www.jpo.go.jp).

Examination Guidelines for Patent and Utility Model:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm

(iv) Focus on filing an application with valuable claim(s).

You are advised to file an application focusing on claim(s) that are worthwhile in terms of technical aspects and marketability.

(v) Appoint a representative (Patent Administrator).

If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, you are required to appoint a representative, "Patent Administrator," such as a patent attorney in Japan. For more detail, please see FAQ 35 -- "Should I appoint a patent attorney as my representative when I apply for a patent etc.?")

5. Can I obtain a patent for my invention for which I have already applied for a patent in my home country?

Yes, it is possible as long as the patent application filed in Japan meets the prescribed requirements for granting a patent under the Patent Act, but you should recognize the following things:

1) In principle, if your invention has been already made public by the competent authority (e.g., Patent Office) of a country, it cannot be patentable in Japan due to lack of novelty (Article 29(1) of Patent Act).

2) On the other hand, you can claim a priority right, at the same time of filing a patent application in Japan, based on the first patent or utility model application that you filed in a country which is a contracting party of the Paris Convention for the Protection of Industrial Property or a member of the World Trade Organization within one year from the filing date of the first application (for more details, please see FAQ. 6 below). In that case, the filing date of the first application is considered to be the effective filing date with respect to novelty and inventive step in the substantive examination for the subsequent application in Japan. Therefore, if you can still claim a priority right for your patent application in Japan, it is not regarded as lack of novelty due to the publication of your invention in your country or a country other than Japan. However, please note that although you claim a priority right, your subsequent patent application in Japan may be refused if there are other reasons for refusal provided by the Patent Act.

Notes:The explanation above applies to a utility model and to an industrial design as well. In addition, the explanation above (with the exception of 1)) applies to a trademark. However, please note that with respect to an industrial design application and a trademark application, the period within which a priority right can be claimed is six months from the filing date of the first application.

6. Can I claim a priority right based on the first application filed in a country other than Japan when I file a patent application in Japan?

Citizens or residents including legal entities of a contracting party of the Paris Convention for the Protection of Industrial Property (see WIPO website) or a member of the World Trade Organization (see WTO website) or legal entities which have a business office within the area shall enjoy benefits of a priority right based on the first application filed in any of those countries or members for the subsequent application in Japan. In order to enjoy the benefits of a priority right, the applicant is required to claim the priority right at the same time of filing his/her patent application in Japan in the prescribed manner under Article 43 or 43-2 of the Patent Act. Multiple priority rights can be claimed.

When you claim a priority, you have to do the following:

i) To specify the name of the country where the first application was filed, the filing date and the application number on the Request form, and

ii) To submit the priority document (Article 43(2)) within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed, whichever is earlier.

Notes:The explanation above applies to a utility model, an industrial design and a trademark.

However, please note that with respect to an industrial design application and a trademark application, the period within which a priority right can be claimed is six months from the filing date of the first application.

7. May I file a patent application with the JPO that has been completed in English instead of Japanese?

As long as the prescribed formal criteria have been met, the following documents that must be attached to the application form for a patent for an invention may be submitted in English: a description, claims, drawings (if necessary), and an abstract.

However, the following must be written in Japanese: the application form, the title of each of the documents, and the headings of each of the sections in those documents.

In addition, the Japanese translations of those English documents must be submitted within one year and two months from the earlier of the following two dates: the filing date or the priority date (if applicable). If the translations have not been submitted to the JPO within the prescribed period, the patent application is deemed to have been withdrawn.

8. In order to obtain a patent, is it necessary for me to file a request for examination with the JPO after I have submitted my patent application?

In Japan, a substantive examination of a patent application is required to determine whether a patent can be granted for the invention in the patent application. A patent application is not examined unless a “Request for Examination” has been submitted to and received by the JPO. A “Request for Examination” must be filed with the JPO within three years of the filing date of the patent application, in the case of a PCT international application within three years of the international filing date and not the date on which the application entered the national phase in Japan. If a “Request for Examination” is not submitted within the prescribed period, the patent application is deemed to have been withdrawn in Japan.

9. May I request a refund of the examination request fee if I withdraw or renounce my patent application?

One half of the amount of the examination request fee which you have already paid can be refunded to you upon your request if you withdraw or renounce your patent application before the first office action (e.g., “Decision to Grant a Patent” or “Notification of Reasons for Refusal” etc.) has been sent to you or to your representative in Japan (if you have such a representative).

The request for refund of the examination request fee should be made within six months from the date on which you withdraw or renounce your patent application. If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, the request has to be submitted by your representative in Japan (Article 8 of the Patent Act), and the JPO refunds the fee to your representative.

10. I would like to prevent a patent application from being granted.

You can use the system called “Submission of Information by Third Parties.” For detailed information about the system, please refer to the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/submission.htm

11. May I have editable forms for an application and other procedures?

You can find editable forms for an application, etc. through the website of the National Center for Industrial Property Information and Training (INPIT).

URL for forms:

http://faq.inpit.go.jp/EokpControl?&tid=10939&event=FE0006

However, as you may be aware, all the forms are unfortunately in Japanese only. Under the Patent Act and the Regulation under the Patent Act, all procedures are supposed to be performed in Japanese. This rule is applicable to utility model applications, industrial design applications and trademark applications. Exceptionally, English can be used in a description, claims, drawings and an abstract of a patent application (Article 36-2 of the Patent Act) (see FAQ 7. “May I file a patent application with the JPO that has been completed in English instead of Japanese?”) Thus, the Japanese language has to be used to make and complete any form and in the necessary documents to be submitted to our Office. Even your name or address should be transliterated in Japanese characters, “Katakana.” In addition, although there are some other items necessary to be included when applicable, such items are not included in each form which will be provided to you through the website mentioned above.

Meanwhile, if you understand Japanese, you can find detailed information about how to prepare an application form etc. by reading our Application Guide. We, unfortunately, do not have the guide in English.

Application Guide:

http://www.jpo.go.jp/cgi/link.cgi?url=/shiryou/kijun/kijun2/syutugan_tetuzuki.htm

If you would like to have a specific form that you cannot find yourself, please send an e-mail to the following address for the Foreign Inquiry Unit.

PA0842@jpo.go.jp

12. How can I bring my PCT international application into the national Phase in Japan, and how much are the relevant fees?

(i) Time limit for entry into the national phase in Japan

The Time limit for entry into the national phase in Japan is 30 months from the priority date in principle.

In order to bring your PCT international application into the national phase in Japan, you have to submit a special transmittal form (Form No. 53) and Japanese translations of the description, claims, drawings in which a text is included and abstract of your PCT international application to our Office within 30 months from the priority date (hereinafter referred as "time limit for the submission of national documents") (see the WIPO´s "PCT Applicant´s Guide<PDF 119KB>").

However, you may submit the translations within two months from the date of submission of the Form No.53 when you submit the Form within the period of two months before the expiration of the "time limit for the submission of national documents" to its expiration date, i.e. during the 29th month or 30th month from the priority date. If the translations have not been submitted to our Office within the prescribed period, your PCT international application will be deemed to have been withdrawn in Japan.

(ii) National filing fee (as of March 3, 2011)

The fee required for entry into the national phase in Japan is as below;

·National filing fee 15,000JPY

Attention

Our Office does not accept payment by any means from overseas residents, including payment by bank account transfer, credit card or check. The payment has to be made by a representative (e.g., patent attorney) in Japan.

(iii) Representative

In principle, all the procedures have to be made by a representative in Japan because residents overseas cannot conduct any procedures directly with our Office under Article 8 of the Patent Act. However, submission of Form No. 53 is one of the exceptions to this rule and may be done without a representative in Japan.

However, you have to appoint a representative in Japan within three months after the expiration of the "time limit for the submission of national documents". Please note that your PCT application will be deemed to have been withdrawn in Japan if you have not appointed a representative in Japan within the prescribed period.

* If you submit a request for examination earlier than the expiration of the "time limit for the submission of national documents", you have to appoint a representative in Japan within three months after the submission of the request for examination, which may be accepted after the completion of national entry.

(iv) How to submit documents to our Office

You may submit Form No.53 directly to our Office by mail. The mailing address is as follows:

JAPAN PATENT OFFICE

3-4-3, Kasumigaseki, Chiyoda-ku, Tokyo 100-8915, Japan

Please note that the Form has to reach our Office by the "time limit for the submission of national documents", i.e. thirty (30) months from the priority date*.

*The submission of the Form No.53 by e-mail, fax, or internet/online is not accepted.

(v) Time limit to request an examination

A request for examination (Form No.44) for your PCT international application which has entered into the national phase in Japan has to be submitted through your representative within three years of the international filing date of your PCT international application.

The required fee for a request for examination is as follows (as of March 3, 2011):

- where an international search report has been established by the JPO as an International Searching Authority under the PCT:

101,200 JPY plus 2,400 JPY per claim

- where an international search report has been established by an International Searching Authority under the PCT other than the JPO:

151,700 JPY plus 3,600 JPY per claim

- where a search report has been established by a designated searching organization under a national law in Japan:

134,900 JPY plus 3,200 per claim

- where no search report has been established:

168,600 JPY plus 4,000 JPY per claim

Meanwhile, patent fees are the same as those for national patent applications:

(Link to FAQ 39 --- "I would like to know how much the fees are ")

(vi) Others

The reinstatement of a PCT international application which has failed to comply with the prescribed time limit for the national entry in Japan (PCT rule 49.6) is not applicable to the JPO as a designated Office according to PCT rule 49.6(f). Please refer to the "PCT Reservations, Declarations, Notifications and Incompatibilities" on the WIPO website:

http://www.wipo.int/pct/en/texts/reservations/res_incomp.html

In addition, please refer to the following "PCT Applicant´s Guide" for the procedures in detail on the WIPO website.

http://www.wipo.int/pct/guide/en/gdvol2/annexes/jp.pdf <PDF 119KB>

13. What can I do when I receive a decision of refusal from the JPO with respect to my patent application?

An appeal against the examiner’s decision of refusal can be filed with the JPO within three months (four months for overseas residents) of the date on which a certified copy of the examiner’s decision of refusal has been transmitted. If the examiner’s decision of refusal is cancelled as a result of examination by the appeal board, a decision to grant a patent will be transmitted. A patent right may then be obtained after payment of the prescribed patent fees has been made within the prescribed period (see FAQ. 30).

If a decision to maintain the examiner’s decision of refusal has been made by the appeal board, an appeal can be filed with the Intellectual Property High Court.

14. In order to assign my patent right in Japan to another party, what am I required I do?

In order to record an assignment of a patent right, etc. in the Registry at the JPO, the following must be submitted to the JPO: (1) the prescribed form for registration of assignment together with the original assignment document, (2) power of attorney and (3) the prescribed fee (see below). Instead of the original assignment document, you can submit a notarized copy of the document that has been certified by a notary public.

If the assignment document, the certification made by a notary public and a power of attorney is not written in Japanese, a Japanese translation of them must be submitted. However, the translation need not necessarily be certified by a notary public.

In addition, one of the following is required: (1) both the assignor and assignee must together apply for registration of an assignment of a patent right, etc. or (2) the assignee can request registration of the assignment of a patent right with written consent from the assignor.

The required fee is as follows (as of March 3, 2011):

-Patent15,000 (JPY)

-Utility model9,000 (JPY)

-Design9,000 (JPY)

-Trademark30,000 (JPY)

Note: If the assignor or assignee does not have a permanent address or residence (or office, if the assignor or assignee is a legal entity) in Japan, a legal representative (such as a patent attorney) with a permanent address or residence in Japan must be appointed as a “Patent Administrator” (Article 8, Patent Act). All procedures, including request for registration of assignment of a patent right, etc. with the JPO must be conducted through the Patent Administrator (see FAQ. 35).

15. Does the JPO provide English translations of Japanese patents or utility models?

You can obtain English machine-translations of publications of patent applications and patents granted as well as utility model applications and registered utility models which were published in or after 1993 through the Industrial Property Digital Library (IPDL) free of charge.

IPDL: http://www.ipdl.inpit.go.jp/homepg_e.ipdl

You can also obtain English abstracts of published unexamined patent applications called “Patent Abstracts of Japan (PAJ)” through the IPDL. The “PAJ” include the bibliographic information and abstracts of unexamined patent applications published in or after 1976. However, PCT international patent applications are not included in “PAJ”.

For example, the way to obtain an English machine-translation and the PAJ of an unexamined patent application is shown below:

1. Access the “Patent & Utility Model Gazette DB”

(http://www4.ipdl.inpit.go.jp/Tokujitu/tjsogodben.ipdl?N0000=115)

2. Choose the “kind code” “A” and enter a publication number of an unexamined patent application; e.g., “2011-123456.”

3. Click the “Search” button, and you will find the document number underlined on the left side on the screen.

4. Click the document number underlined, and if the PAJ is available, it will be displayed.

5. If you click the “Detail” button at the top of the screen, you will obtain the English machine- translation of the publication. If the PAJ does not exist, you will immediately obtain the English machine-translation of the publication. (Occasionally, it takes some minutes to obtain the English machine-translation.)

Note: If accuracy of translation is required or you cannot obtain the English machine-translation of the publication through the IPDL, it is recommended that you contact a private translation company that deals with translations of patent documents in your country.

16. What is a utility model?

(i) Subject of protection under the Utility Model Act

The subject of protection of the Utility Model Act (Articles 2-3) is a device that is related to the shape or structure of an article or combination of articles, industrially applicable, and characterized by creative technological concepts based on natural laws and rules.

(ii) Difference between a utility model and a patent

Although the patent system is designed to protect an invention which involves highly advanced and sophisticated technologies, the utility model system is, on the other hand, designed to protect a device related to the shape or construction of articles or combination of articles. The words "invention" (i.e., reflecting "high creativity") and "device" (i.e., reflecting "creativity") are used for ideas involving different levels of creativity.

Since the Utility Model Act is designed to protect only "devices" relating to the shape or construction of articles or combination of articles, a method, such as a manufacturing process, is not protected under the Utility Model Act.

The process for granting a patent right differs from that for granting a utility model right. In the patent system, an examiner performs a substantive examination for a patent application upon receiving a "request for examination," which has to be submitted by the patent applicant or any person other than the applicant within three years of the filing date of the patent application. On the other hand, a utility model is registered without a substantive examination as long as it meets the basic requirements provided by Article 6-2 of the Utility Model Act.

For the "basic requirements," please refer to Part X: UTILITY MODEL, Chapter 2 Basic Requirements for Utility Model Registration of the Examination Guidelines for Patent and Utility Model in Japan at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm

(iii) Duration of a utility model right

The period of a utility model right is ten years from the date of filing of the utility model application. The period may not be extended.

(iv) Outline of procedures for obtaining a utility model right

An outline of the procedures for registration of a utility model is displayed at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_gaiyo_e/model.htm

17. What should I do before filing an application to register a utility model?

(i) You should know the "First to File" principle.

A utility model may be registered without a substantive examination as long as the utility model application meets the prescribed formal requirements and the basic requirements. On the other hand, according to Article 7 of the Utility Model Act, which is an analogous provision to Article 39 of the Patent Act, where two or more utility model applications for an identical device have been filed on different dates, only the applicant who filed the utility model application on the earliest date shall be entitled to utility model registration for the device. The "First to File" principle is also applicable to utility model applications.

If anybody else files an application for the same device as your device on an earlier date than you file an application for your device, your utility model registration can be invalidated (Article 37, Utility Model Act). Therefore, if you intend to protect your device as a utility model registration, you must pay attention to the principle.

(ii) Keep your device unpublished or undisclosed before filing.

You are advised to keep your device unpublished before filing an application for a utility model registration. Otherwise, your device has lost its novelty, and you may not have a utility model for your device registered (Article 3, Utility Model Act).

Nevertheless, since a utility model may be registered without a substantive examination, you may actually register your device as a utility model even though you publish your device for example, in a science magazine as long as your utility model application meets the prescribed formal requirements and the basic requirements. Therefore, you also have to pay attention to the prescribed requirements for registration because there is a risk of invalidation of your utility model application due to the lack of novelty (Article 3, Utility Model Act).

Meanwhile, Article 30 of the Patent Act, which applies to utility model applications according to Article 11 of the Utility Model Act, stipulates exception to lack of novelty in spite of disclosure of the device to the public before filing for a six month period of time under certain conditions.

(iii) Carefully prepare a specification

The scope of a utility model right is based on the description submitted to the JPO. Particularly, the technical scope of a registered utility model shall be determined based upon the statements in the claims. In addition to this, the meaning of each term used in the claims shall be interpreted considering the statements in the description and the drawings. Therefore, you are advised to very carefully prepare a description and claims.

Note: Article 70 of the Patent Act applies to registered utility models according to Article 26 of the Utility Model.

Utility Model Act: http://www.japaneselawtranslation.go.jp/law/detail/?id=43&vm=04&re=02

When you prepare a utility model application for your device, it is helpful if you refer to Part I, Part II and Chapter 2 of Part X of the Examination Guidelines for Patent and Utility Model in Japan through the following URL on our Office´s website (www.jpo.go.jp).

Examination Guidelines for Patent and Utility Model:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm

(iv) Appointment of a representative (Patent Administrator)

If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, you are required to appoint a representative such as a patent attorney, in Japan. For details, please see FAQ 35 --- "Should I appoint a patent attorney as my representative when I apply for a patent etc.?"

18. What is a "Report of Utility Model Technical Opinion" for a Utility Model?

A Report of Utility Model Technical Opinion is an assessment report about the registrability (novelty, inventive step etc.) of a utility model application filed or a registered utility model based on the result of a prior art search by an examiner of the JPO.

After a utility model application is filed, not only the applicant but also other persons can request a copy of the Report of Utility Model Technical Opinion even after the right is extinguished.

19. What should I be aware of before claiming my Utility Model right?

According to Article 16 of the Utility Model Act, "the owner of a utility model shall have an exclusive right to commercially work the registered model" and is allowed to demand an injunction, compensation for damage, and compensation for unfair profits gained by the infringer.

However, a utility model may be registered without a substantive examination as long as your utility model application meets the prescribed formal requirements and basic requirements. That means that even though a utility model application does not meet the prescribed requirements for registration (Article 3 and 3-2, Utility Model Act), the utility model may be possibly registered.

Therefore, the validity of a utility model right is actually uncertain, and it is decisively essential for the owner of the utility model right to verify the effectiveness of his/her utility model right when he/she intends to exercise the right. Otherwise, any unexpected conflicts with other persons´ rights or damages of a third party can be caused.

To avoid such a situation, anyone may request a "Report of Utility Model Technical Opinion," and you can exercise your utility model right only after giving a warning to the suspected infringer presenting the report to him/her. The report contains an expert opinion as to such aspects as the novelty and inventive step of the utility model.

20. May I obtain both a patent right and a utility model right for the same invention?

It is legally impossible to obtain both a patent right and a utility model right for the same invention. If a patent application and a utility model application for the same invention are filed on different dates, then the following possibilities exist: (1) if the patent application was filed on an earlier date than the utility model application, a patent may be granted for the invention or (2) if the utility model application was filed on an earlier date than the patent application, a utility model registration may be granted for the invention (Article 39(3) of Patent Act and Article 7(3) of Utility Model). If a patent application and a utility model application for the same invention are filed on the same date, then you can obtain only either of a patent right or a utility model registration but not both (Article 39(4) of Patent Act and Article 7(7) of Utility Model).

21. May I convert a patent application into a utility model application?

A patent application may be converted into a utility model application within three months (four months for overseas residents) of the date on which a certified copy of an examiner’s decision of refusal has been transmitted to the applicant or his/her representative or within nine years and six months of the filing date of the patent application, whichever expires earlier. If a certified copy of an initial decision of refusal has not been transmitted to the applicant or his/her representative, a patent application may be converted into a utility model application anytime within nine years and six months of the filing date of the patent application. A utility model application resulting from the conversion of a patent application is deemed to have been filed on the filing date of the original patent application. In addition, the original patent application is deemed to have been withdrawn.

22. May I convert a utility model application into a patent application?

A utility model application may be converted into a patent application within three years of the filing date of the utility model application. The patent application resulting from the conversion of a utility model application is deemed to have been filed on the filing date of the original utility model application with some exceptions. In addition, the original utility model application is deemed to have been withdrawn (Article 46 of Patent Act).

Moreover, even after registration of a utility model, the holder(s) of the utility model right can file a patent application based on the utility model right unless the patent application is submitted at a time provided by Article 46-2 of the Patent Act. A patent application based on a utility model right is deemed to have been filed on the same day as the filing date of the original utility model application with some exceptions. Moreover, when you apply for a patent based on your utility model right, you have to renounce your utility model right (Article 46-2 of Patent Act).

Meanwhile, please note that you cannot obtain a patent and lose your utility model right if the patent application based on your utility model right does not eventually meet the prescribed formal requirements after a notification to request you to comply with the requirements within the specified period is sent by our Office.

23. What is an industrial design?

(i)Subject of protection under the Design Act

Article 1 of the Design Act provides that the "purpose of this Act is, through promoting the protection and the utilization of designs, to encourage creation of designs, and thereby to contribute to the development of industry". The subject of protection of the Design Act is a design, which is defined as "the shape, patterns or colors, or any combination thereof, of an article that creates an aesthetic impression through the eye" (Article 2, Design Act). The basic concept of a design in the Design Act differs from the basic concepts of a patent and utility model, and the protection of designs is based on this basic concept.

(ii) Duration of a design right

The period of a design right is 20 years from the date of registration of the design right. The period may not be extended.

(iii) Outline of procedures for obtaining a design right

An outline of the procedures for the registration of a design is displayed at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_gaiyo_e/de_right.htm

24. What should I do before filing an application to register a design?

(i) You should know the "First to File" principle

According to Article 9 of the Design Act, where two or more design applications for an identical or a similar design have been filed on different dates, only the applicant who filed the design application on the earliest date shall be entitled to registration of a design. That means that if anybody else files an application for the same design or similar design on a later date, that application will be refused.

Design Act: http://www.japaneselawtranslation.go.jp/law/detail/?id=44&vm=04&re=02

(ii) Keep your design unpublished or undisclosed before filing

You are advised to keep your design unpublished before filing a design application for the design. Otherwise, your design has lost its novelty, and you may not have your design registered (Article 3, Design Act).

Meanwhile, Article 4 of the Design Act stipulates exception to lack of novelty of design in spite of disclosure of the design to the public before filing for a six month period of time under certain conditions.

(iii) To carefully prepare an application form and drawings

When applying for registration of a design, you are required to prepare a Request for Registration of a Design and drawings in the prescribed manner. The key to appropriately preparing an application lies in how you prepare drawings.

(iv) Appointment of a representative (Patent Administrator)

If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, you are required to appoint a representative such as a patent attorney, in Japan. For more detail, please see FAQ 35--- "Should I appoint a patent attorney as my representative when I apply for a patent etc. before your Office?")

25. What is a trademark?

(i) Subject of protection under the Trademark Act

The subject of protection of the Trademark Act is a trademark. According to the Article 1 of the Trademark Act, the purpose of this Act is, through the protection of trademarks, to ensure the maintenance of business confidence of persons who use the trademarks and thereby to contribute to the development of the industry and to protect the interests of consumers. It goes without saying that consumers benefit from the economic activities of various companies and other economic entities. Consumers expect a certain level of quality of products or services from certain brands and therefore benefit by being able to determine the manufacturer of a product or provider of a service.

Trademarks indicate a specific function of a product or a service. By protecting the reputation of a brand associated with a trademark, the trademark system protects the interests of the consumer and contributes to the development of industries.

Article 2 of the Trademark Act defines a "trademark" as any character(s), figure(s), sign(s) or three-dimensional shape(s), or any combination thereof, with colors (hereinafter referred to as a "mark") which is:

(i) used in connection with the goods of a person who produces, certifies or assigns the goods as a business; or

(ii) used in connection with the services of a person who provides or certifies the services as a business (except those provided for in the preceding item).

In addition, "Services" set forth in item (ii) above shall include retail services and wholesale services, namely, the provision of benefits for customers conducted in the course of retail and wholesale business.

(ii) Duration of a trademark right

The period of a trademark right is ten years from the date of registration of the trademark right. The period may be renewed every ten years.

(iii) Outline of procedures for obtaining a trademark right

An outline of the procedures for the registration of a trademark is displayed at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_gaiyo_e/tr_right.htm

26. What should I do before applying a Trademark?

(i) You should know "First to File" principle.

According to Article 8 of the Trademark Act, where two or more trademark applications for an identical or a similar mark on an identical or a similar goods/service have been filed on different dates, only the applicant who filed the trademark application on the earliest date shall be entitled to registration of a trademark. That means that if anybody else files an application for the same or similar trademark on the same or similar goods/service on a later date, that application will be refused. Therefore, before filing a trademark application, please be sure to search prior trademarks.

Please also note that even if there are no trademark applications filed at an earlier date or registered trademarks, your trademark might not be registered if it falls under one of the trademarks provided by Article 3 and 4 (1)of the Trademark Act. "Examination Guidelines for Trademarks" is helpful to know what kinds of trademarks may not be registered.

Examination Guidelines for Trademarks:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/tt1302-001.htm

(ii) Appointment of a representative (Patent Administrator)

If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, you are required to appoint a representative such as a patent attorney, in Japan. For more detail, please see FAQ 35 --- "Should I appoint a patent attorney as my representative when I apply for a patent, etc.?"

27. What should I be aware of when I apply for trademark registration under the Madrid Protocol (Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) designating Japan?

Please refer to the following URL for some notes you need to give attention to when you designate Japan in your international trademark registration.

http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/japan_under_the_madrid_protocol.htm

Especially, you have to pay attention to the payment of fees concerned with an international trademark registration designating Japan. Our Office has adopted an individual fee consisting of two parts in accordance with Rule 34(3)(a) of the Common Regulations under the Madrid Protocol.

Therefore, the first part of the individual fee, which corresponds to an application fee, will have to be paid at the time of international registration or the subsequent designation. The second part of the individual fee, which corresponds to a registration fee, will have to be paid within the prescribed period mentioned in the "NOTIFICATION OF SECOND PART OF INDIVIDUAL FEE" which will be issued with "STATEMENT OF GRANT OF PROTECTION". Both fees are to be paid directly to the International Bureau of the WIPO.

Please note that if the second part of the individual fee is not paid within the prescribed period, the designation of Japan in the international registration will be cancelled.

28. How can I respond to a “Notification of Provisional Refusal” with regard to my international trademark application under the Madrid Protocol?

You can respond to a “Notification of Provisional Refusal” with regard to your international trademark registration by one of the following two measures:

i) submitting an amendment (to adjust the designated goods or services to comply with the Notification of Provisional Refusal) to our Office through a representative (it is strongly recommended that you appoint a patent attorney) who has a permanent address or residence in Japan within three months from the “date of pronouncement“ (i.e., the mailing date of the notification) or

ii) filing a request for a limitation of goods and services using the official form (MM6) with the prescribed fee with WIPO.

For detailed information, please refer to the following URL.

http://www.jpo.go.jp/torikumi_e/t_torikumi_e/japan_under_the_madrid_protocol.htm#5

29.What is the responsibility of the JPO? Is the JPO also responsible for the protection of copy rights?

The Japan Patent Office (JPO) is responsible for the protection of the rights for patents for inventions, utility models for devices, industrial designs and trademarks. In Japan, these four kinds of rights are called “industrial property rights.” You can send queries about industrial property rights in Japan to the following e-mail address or fax number:

E-mail address for inquiries to the JPO:

PA0842@jpo.go.jp

Fax number: (03) 3581 0762 (+81 3 3581 0762 from overseas)

In order to avoid unexpected misunderstandings in conversations over the phone, please contact us by e-mail or fax in English or Japanese.

Meanwhile, the JPO is not responsible for copy right. If you have any queries about copyright, please contact the Agency for Cultural Affairs, Ministry of Education, Culture, Sports, Science and Technology (MEXT).

The Agency for Cultural Affairs,

Ministry of Education, Culture, Sports, Science and Technology (MEXT)

3-2-2 Kasumigaseki, Chiyoda-ku, Tokyo 100-8959

Tel. (03) 5253 4111(main line) (+81 3 5253 4111 from oversees )

e-mail: voice@bunka.go.jp

URL: http://www.bunka.go.jp/english/index.html

30. Duration of right and time limit for payment of patent/registration fee.

Information about the following is displayed below: (a) the duration of a patent, utility model, design, and trademark right and (b) the due date for the payment of patent or registration fee.

(i) Patent

The duration of a patent right shall expire after a period of 20 years from the filing date of the patent application. Meanwhile, an extension of the patent term by up to five years may be available for patents for pharmaceuticals and agricultural chemicals on request if the prescribed requirements are fulfilled. A patent right shall become effective from the date of registration of the patent.

For registration of a patent, patent fees for each year from the first to the third year have to be paid in a lump sum within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the patent is to be granted has been transmitted. A patent right is registered after patent fees from the first to the third year are paid. The “first year” mentioned above is defined as a period of one year starting from the day after the date of registration of establishment of a patent right. The “second year” is defined as the one year period that starts the day after the end of the first year period. The “third year” is defined as the one year period that starts the day after the end of the second year period. The patent fees for each year thereafter, starting with the fourth year, have to be paid by the end of the previous year. The patent fees for some years may also be paid in a lump sum in advance.

(ii) Utility Model

The duration of a utility model right shall expire after a period of ten years from the filing date of the utility model application. Meanwhile, the duration of a utility model right whose application was filed before April 1, 2005 shall expire after a period of six years from the filing date of the utility model application.

A utility model application shall be registered without a substantive examination, but a utility model right shall become effective from the date of registration of the utility model.

For the registration of a utility model, the registration fees for three years have to be paid at the time of filing a utility model application. The three years (i.e., first to the third years) are calculated in the same way as for a patent.

The registration fees for each year thereafter, starting with the fourth year, have to be paid by the end of the previous year. The registration fees for some years may also be paid in a lump sum in advance.

(iii) Design

The duration of a design right shall expire after a period of 20 years which starts from the date of the registration of the right. Meanwhile, the duration of a design right, whose application was filed before March 31, 2007, shall expire after a period of 15 years from the date of registration.

For registration of a design, the registration fee for the first year has to be paid within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the design is to be registered has been transmitted. The “first year” starts the day after the date of the registration.

The registration fees for each year thereafter, starting with the second year, shall be paid by the end of the previous year. The registration fees for some years may also be paid in a lump sum in advance.

(iv) Trademark

The duration of a trademark right shall expire after a period of ten years from the date of registration of the trademark.

For registration of a trademark, the registration fee for ten years has to be paid within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the trademark is to be registered has been transmitted.

However, the registration fee may also be paid in two installments, but this registration fee is more expensive than the usual registration fee for ten years. The registration fee for the first five years must be paid within 30 days from the date on which a certified copy of the examiner's decision or the trial decision to the effect that the trademark is to be registered has been transmitted. The registration fee for the subsequent five years must be paid within five years from the day after the date of registration of the trademark.

[Renewal of duration of a trademark right]

The holder of a trademark right may renew the trademark right by filing a request for renewal of a trademark registration within the period of six months prior to the expiration of the ten year period of the trademark right.

Attention

The JPO does not accept payment by any means from overseas residents, including payment by bank account transfer, credit card, or check. The payment has to be made by a representative (e.g., patent attorney) in Japan.

Link to FAQ 39 --- "I would like to know the amount of fees.- (iii) Patent Fee/ Registration Fee"

31. May I pay annual fees to maintain my patent, utility model or industrial design right, or may I renew my trademark registration after the time limit?

(i) Patent

A patent right may be maintained through the payment of patent fees on an annual basis starting with the fourth year. (See FAQ 30.) However, if the patent fee for a certain year is not paid within the time limit, a late payment (of double the amount of the patent fee concerned) may be made within six months of the expiration of the time limit. If the late payment is not made within the prescribed period, the patent right shall be deemed to have retroactively lapsed at the expiration of the original time limit concerned.

(ii) Utility Model

The answer for a "Patent" is applicable to a "Utility Model."

(iii) Design

A design right may be maintained through the payment of registration fees on an annual basis starting with the second year. (See FAQ 30.) However, if the registration fee for a certain year is not paid within the time limit, a late payment (of double the amount of the registration fee concerned) may be made within six months of the expiration of the time limit. If the late payment is not made within the prescribed period, the design right shall be deemed to have retroactively lapsed at the expiration of the original time limit concerned.

(iv) Trademark

A trademark right may be renewed every ten years from the date of registration of the trademark with a request for renewal and payment of the prescribed renewal fee. (See FAQ 30.) However, if the procedure for renewal of the trademark right is not performed within the time limit, a late payment (of double the amount of the registration fee concerned) may be made within six months of the expiration of the time limit. If the late payment is not made within the prescribed period, the trademark right shall be deemed to have retroactively lapsed at the expiration of the original time limit concerned.

32. What should I do to obtain a patent or register a utility model, an industrial design or a trademark/service mark?

1. File the relevant application with the Japan Patent Office (JPO) to obtain a patent right or register a utility model, industrial design or trademark. The application must be prepared in the prescribed manner provided by the Patent Act, regulations, etc. All required documents must be submitted in the Japanese language.

2. Submit a Request Form together with the following documents according to the kind of right desired:

Patents: A description, claims, an abstract, and, if necessary, drawing(s)

Utility models: A description, claims, an abstract, and drawing(s)

Designs: Drawing(s)

Trademarks: A trademark for which registration is sought

After an application is received by the JPO, a formality examination is performed to determine whether the prescribed formal requirements have been fulfilled. An invitation to correct will be made where it does not meet the requirements; e.g., when the necessary documents are missing or the required pieces of information have not been properly filled out.

Then, an examiner performs a substantive examination to determine whether the application satisfies the requirements for the grant of a patent or the registration of an industrial design or a trademark. Please note that a substantive examination for a patent application is carried out only when a "Request for Examination" is submitted to our Office within three years from the date of filing of the application (or international filing date for PCT international applications which have entered the national phase in Japan as a designated state). If a "Request for Examination" is not made within the prescribed period, the patent application is deemed to have been withdrawn.

When the examiner decides that the application meets all of the requirements, a patent may be granted or an industrial design or a trademark may be registered in the Registry at the JPO with payment of the prescribed patent fees or registration fee.

Meanwhile, please also note that a utility model is registered without a substantive examination where it satisfies the prescribed formal requirements including payment of registration fees and the basic requirements.

As to the "basic requirement," please refer to the Part X: UTILITY MODEL, Chapter 2 Basic Requirements for Utility Model Registration of the Examination Guidelines for Patent and Utility Model in Japan at the following URL:

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/t_tokkyo_e/1312-002_e.htm

A patent right, an industrial design right or a trademark right comes into force when such a right is registered in the Registry at JPO.

Any invention, device, or creation is vulnerable if it is disclosed to others or brought into the market without a patent right, a utility model right or a design right. Without such a right, action cannot be taken against others who use or imitate the invention/device/creation. Therefore, the protection of the right for an invention, device, or creation under the law begins with the filing of an application with the JPO. The same situation applies to a trademark.

33. Who may be an applicant?

Eligibility is limited to:

(i) the inventor(s), deviser(s) or creator(s), or

(ii) person(s) who have succeeded the right to apply for a patent/utility model/design, or

(iii) person(s) who wish to register a trademark.

34. I would like to know whether my invention can be patented or if my design or trademark can be registered in Japan before filing an application.

The JPO does not perform any prior consultation about whether a specific invention can be patented, or about whether a specific design or trademark can be registered before you file an application for a patent, etc. with our Office.

If you know any free consultation service provided by a legal expert (e.g. a patent attorney) in your country, we recommend that you utilize such service. If you intend to file a patent application, you are advised to carefully search for prior arts relevant to your invention through a patent information database like the IPDL (see FAQ.41) or have prior arts searched by a patent information search company in your country before filing an application. It is also recommended that you refer to FAQ 1, 3-4, 16-17, 23-26 for considering what you should know before you apply for a patent, utility model, design or trademark.

35. Should I appoint a patent attorney as my representative when I apply for a patent etc.?

If you have a permanent address or residence (office, if the applicant is a legal entity) in Japan, you do not have to appoint your attorney as your representative. However, it is strongly recommended that you appoint a patent attorney as your representative because a good command of Japanese and deep knowledge of the relevant laws and the procedures are necessary to file an application and complete the process successfully.

On the other hand, if you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, a legal representative (such as a patent attorney) with a permanent address or residence in Japan must be appointed as a "Patent Administrator" (Article 8, Patent Act). Any procedures must be conducted through the Patent Administrator.*

(Notes)

*: This requirement is not applicable to procedures for national entry of PCT international applications in Japan. However, please note that you have to appoint your Patent Administrator within the prescribed period. Otherwise, your PCT international application will be deemed to have been withdrawn (Article 184-11, Patent Act, see FAQ 12 "How can I bring my PCT international application into the national Phase in Japan, and how much are the relevant fees?").

36. Should I submit a power of attorney?

When the information concerning your representative is included in the application form, you do not have to submit a power of attorney. This is also applicable to a Patent Administrator. However, if you appoint a representative acting on behalf of you to proceed with our Office afterwards, you need to submit a power of attorney. In addition, there are cases in which you have to submit a power of attorney; e.g. when you intend to withdraw your application or limit the scope of the authorization of the power of attorney.

37. How can I get a list of patent attorneys in Japan?

All patent attorneys, who are acting in a professional capacity and on behalf of someone to conduct procedures with the JPO, have to belong to the Japan Patent Attorneys Association. The JPAA can be helpful in finding a representative for you in Japan.

The Japan Patent Attorneys Association (Benrishi-kai)

Address: 3-4-2 Kasumigaseki,

Chiyoda-Ku, Tokyo 100-0013 JA PAN

Tel: +81-3-3581-1211

Fax: +81-3-3581-9188

E-mail: master@jpaa.or.jp

Web site: http://www.jpaa.or.jp/english/index.html

38. How can I submit an application or other documents?

You can submit an application or other documents to our Office by:

(i) bringing them directly to the counter at our Office

(ii) mailing them to the following address;

Japan Patent Office

3-4-3, Kasumigaseki, Chiyoda-ku, Tokyo 100-8915, Japan

(iii) online (Internet)

However, overseas residents cannot submit the documents directly to our Office by any means, including the above three ways without a representative in Japan. Please note that the documents have to be submitted to our Office by a representative (e.g., patent attorney) in Japan (see FAQ 2).

39. I would like to know how much the fees are

Overview of the amount of fees is as follows (as of March 3, 2011):

 

(i) Application Fee

-Patent15,000 JPY

-Utility model14,000 JPY

-Design16,000 JPY

-Trademark3 ,400 JPY + 8,600 JPY per class

(ii) Request for Examination Fee

-Patent168,600 JPY + 4,000 JPY per claim

(iii) Patent Fee/ Registration Fee

-Patent

1-3rd year: annually,2,300 JPY + 200 JPY per claim

(to be paid at the time of registration, i.e., for 1-3 rd year)

4-6th year: annually,7,100 JPY + 500 JPY per claim

7-9th year: annually,21,400 JPY + 1,700 JPY per claim

10-25th year: annually,61,600 JPY + 4,800 JPY per claim

-Utility model

1-3rd year: annually,2,100 JPY + 100 JPY per claim

(to be paid at the time of filing an application, i.e., for 1st - 3rd year)

4-6th year: annually,6,100 JPY + 300 JPY per claim

7-10th year: annually,18,100 JPY + 900 JPY per claim

-Design

1-3rd year: annually,8,500JPY

4-10th year: annually,16,900 JPY

11-20th year: annually,33,800 JPY

-Trademark37,600 JPY per class

(in case of payment by installments  21,900 JPY per class)

(iv) Renewal Fee

-Trademark48,500 JPY per class

(in case of payment by installments  28,300 JPY per class)

(v) Please refer to the following URL for other fees.

Schedule of Fees (as of March 3, 2011):

http://www.jpo.go.jp/cgi/linke.cgi?url=/tetuzuki_e/ryoukin_e/ryokine.htm

Attention

Our Office does not accept payment by any means from overseas residents, including payment by bank account transfer, credit card or check. The payment has to be made by a representative (e.g., patent attorney) in Japan (see FAQ 35).

40. Can I make a payment of official fees such as application fees, patent/registration fees etc. directly to the JPO from overseas?

Overseas residents cannot make a payment of any fees directly to our Office by any means, including the payment by bank account transfer, credit card, or check etc. The payment has to be made by your representative (e.g., patent attorney) in Japan.

41. Is there any database searchable for patent, utility model, industrial design or trademark?

Information regarding application/registration of patents, utility models, designs and trademarks is available by using the Industrial Property Digital Library (IPDL), which is accessible via the JPO website. You can retrieve a variety of patent, utility model, design and trademark by their key numbers (e.g., application number and registration number) or key-words etc. The IPDL provides many kinds of information free of charge. Please utilize the IPDL.

http://www.ipdl.inpit.go.jp/homepg_e.ipdl

If you have any inquires about how to use the IPDL, please contact the IPDL Help Desk.

E-mail helpdesk@ipdl.inpit.go.jp

As for the details of IPDL, please contact the Information Provision Department of INPIT.

E-mail PA0670@inpit.jpo.go.jp

42. How can I obtain a copy of the Patent Act and other Acts?

Please refer to the following URL for the Patent Act, Utility Model Act, Design Act and Trademark Act in English.

Patent Act:

http://www.japaneselawtranslation.go.jp/law/detail/?id=42&vm=04&re=01

Utility Model Act:

http://www.japaneselawtranslation.go.jp/law/detail/?id=43&vm=04&re=01

Design Act:

http://www.japaneselawtranslation.go.jp/law/detail/?id=44&vm=04&re=01

Trademark Act:

http://www.japaneselawtranslation.go.jp/law/detail/?id=45&vm=04&re=01

Japanese Law Translation offered by Ministry of Justice

http://www.japaneselawtranslation.go.jp/?re=02

  • <Contact Point>
  • Foreign Advisory Unit
  • International Affairs Division
  • General Affairs Department
  • Japan Patent Office
  • Fax:+81-3-3581-0762
  • E-mail:PA0842@jpo.go.jp

[Last updated 3 March 2011]

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