Better understanding of the Industrial Property Right System and the Role of the JPO

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Narrator

Many items we use everyday originate from various ideas and technologies. These new ideas and technologies can help make our daily lives more convenient and comfortable.

However, But when if those ideas and technologies are arbitrarily used or copied without permission, the inventors won’t be motivated to create new of the ideas or technologies will lose their desire for creation. They canmay also lose their rights to obtain that can reward them with somecertain economical benefitearnings.
Besides, In addition, if if When a trademark (a symbol) of a productgoods or services is copied without consent, that conduct can damage the reputation of the manufacturers, sellers and their products themselves may lose their trust and reputation.

These ideas, designs and trademarks are protected by the system of industrial property rights.This legal system consisits of four systems for patents, utility models, designs and trademarks, which are handled at the Japan Patent Office.

These ideas, designs and trademarks are protected by the system of industrial property rights.This legal system consisits of four systems for patents, utility models, designs and trademarks, which are handled at the Japan Patent Office.

Now, let us explain the system designed to protect these industrial property rights and the role of the Japan Patent Office.

Shintaro Kaido

Hello, everyone!
“Better Understanding of the Industrial Property Rights System and the role of the Japan Patent Office!”
I’m Shintaro Kaido, your navigator today.
I’ve worked hard learning all about the patent. I’d like to explain about the Industrial Property Rights system and the Japan Patent Office in detail and in plain language.

Hikari Tasaki

I’m Hikari Tasaki, his assistant.
I’d like to learn about those rights together with you all.
I’m looking forward to it.

Kaido/Tasaki

Now, let’s start thinking about the Industrial Property Rights and the role of the Japan Patent Office!!

Hikari Tasaki

We hardly hear the phrase “Industrial Property Rights” on a daily basis. Do we?

Shintaro Kaido

Industrial Property is one of the two main categories of the Intellectual Property Rights.

Hikari Tasaki

The Intellectual Property Rights?

Shintaro Kaido

Yes.
Now, let me first explain about what intellectual property rights are.
Intellectual property rights are exclusive rights given for a certain period of time to the person who has originated an idea . In other words, they are “the rights to protect tangible ideas.”

Hikari Tasaki

I see. So, let’s say a person comes up with an idea but another person may claim the ownership. Then, the originator may lose his or her right. The legal system can prevent this from happening.

Shintaro Kaido

That’s correct.
Intellectual property rights include various types of rights such as patents, copyrights, trade secrets, trade names, etc. Among these, patents, utility models, designs and trademarks fall within the industrial property rights.
In Japan, these rights are under the control of the Japan Patent Office.

Hikari Tasaki

I see!
Then, let’s start with learning about the patent right of the industrial property rights.

Shintaro Kaido

Let’s start now, shall we?

Kaido/Tasaki

Better understanding of patents !

Narrator

In our society, new things are invented one after another contributing to our better lives and society.
It is a “patent right” that protects inventions and ideas created by technological developments.
The patent system grants an applicant or representative an exclusive right to the patented invention, while publishing the invention in order to enhance further technological development.

For example, hundreds of patented technologies are applied to this digital camera.
With these technological advancements, the picture quality has improved drastically. And a feature such as the image stabilizing system has made it easier for the users to capture better quality images.

Shintaro Kaido

How does the patent technology lead us to rich and convenient lifestyle?
Here’s a good example from history.
Let’s take a look at how mobile phones have changed over time.
The first mobile phone in Japan was introduced in 1987.

Hikari Tasaki

The size looks quite large and it looks quite primitive.

Shintaro Kaido

You’re right. The first mobile phone weighed as much as 900g.
Thanks to the patented technologies developed by mobile phone manufacturers, however, mobile phones have become smaller and more sophisticated.

Hikari Tasaki

The older models displayed here don’t look like they even fit in our pockets.

Shintaro Kaido

They take me back to those days.

Hikari Tasaki

True.

Shintaro Kaido

The latest mobile phones are very thin and stylish.

Hikari Tasaki

And they offer so many functions.

Shintaro Kaido

Another major patented technology of note is the wireless function. With this technology, pictures and videos can be sent through mobile phones using its mail function, which was just unimaginable with the first type of mobile phone.
These days, Smart Phones, which are multi-function phones, are also gaining popularity.

Hikari Tasaki

What we take for granted everyday is in fact based on the evolution of each patented technology.

Shintaro Kaido

Yes. Picture quality has greatly improved, and the speed for sending pictures has also been significantly upgraded. Indeed, the mobile phones have evolved and advanced thanks to a large number of patented technologies.

Hikari Tasaki

Our lifestyle has become a lot more convenient!!
Just taking the mobile phone for example, we can see the importance of patented technologies

Then, how do you obtain a patent? Here are the procedures for it:

Shintaro Kaido

First, you must file a patent application by submitting an application form, a specification and drawings.
There are two ways to submit application documents: the first one is by mailing or bringing the documents to the Japan Patent Office, and the second one is by sending them via the internet. If you mail them, you are required to pay a service charge for digitizing the documents.
Currently, about 97% of all applications are submitted via the internet.

A formality examination of the submitted application is conducted to make sure all pertinent information is provided. After 18 months of filing, the application contents are published in publication and also online.
The applicant makes a “Request for Examination”, followed by a substantive examination. This is a strict examination conducted by an examiner at the Japan Patent Office to check if any similar applications have been filed before.
Once the application passes this examination, the applicant receives a notice for registration and pays annual fees at the grant of a patent.

Hikari Tasaki

What will happen if the application doesn’t pass the examination?

Shintaro Kaido

Since the reasons for not having passed the examination are to be provided, the applicant will still have a chance to make corrections. Also, you can make a request for appeal trial when you don’t want to accept the examiner’s decision.

Hikari Tasaki

Our nice and comfortable lives are supported by inventions created by many people, aren’t they?
How many patent applications are filed and how many patents are registered every year?

Shintaro Kaido

There are about 400 thousand patent applications and 200 thousand registrations per year.

Hikari Tasaki

That many!

Shintaro Kaido

That’s right. And the ideas that come from everyone can work as a bridge to a brighter future.

Hikari Tasaki

Now, let’s move on to utility models.

Shintaro Kaido

We’ll also clearly explain the frequently asked questions about the difference between patent and utility model.

Kaido/Tasaki

Better understanding of utility models!

Narrator

A utility model right protects new ideas applied as devices relating to the shape or construction of articles to make them easier to use.
A utility model is thus called a “petty patent” that is applied to machines, instruments or daily necessaries.
For instance, when you feel the need for more storage space around the laundry area, the space above a washing machine could be used more efficiently. That’s how this storage rack was created.
Or, a replaceable sheet of a floor mop can be replaced easily and stays on securely by applying simple ingenuities. That can be considered a “petty patent.”

Shintaro Kaido

What’s the clear difference between utility model and patent? Let me explain it even further.
A patent is for an “invention” of a product, a method or a method for producing something. A utility model is a “device” related to the shape or construction of articles.

Hikari Tasaki

So, a patent refers to a totally new invention, while a utility model is an improvement made to what already exist. Is that right?

Shintaro Kaido

That’s right. For example, a patent is for the invention itself of Playstation 2, and a utility model is related to a mechanism which makes the logo rotate horizontally or vertically on the tray.

Hikari Tasaki

I got it. Then a pencil would be a patent product, and making a pencil hexagonal shape or adding an eraser to the pencil would be a utility model.

Shintaro Kaido

For patents, “to invent something” is such a high hurdle to jump.
Meanwhile, utility models are often referred to as “small inventions”. The ideas coming from “This could make it easier to use” or “Wouldn’t it be great if this and that get combined?”
By describing such inspirations in drawings and in writing, you may be able to obtain a utility model right.

Hikari Tasaki

We’ve listed the difference between patent and utility model in a chart.
Is it true that patent applications require substantive examinations, but that’s not the case for utility models?

Shintaro Kaido

Yes, it is. As to filing documents, the format and method for utility model and patent applications are quite similar. Substantive examination principle is applied to patent application, which checks the contents of application before a right is granted. However, non-substantive examination principle is applied to utility model applications in order to expedite the grant of rights.

Hikari Tasaki

And isn’t there a difference in the duration of these two types of rights?

Shintaro Kaido

Yes, there is. The duration of protection is 20 years for patents from the filing date, and 10 years for utility models.

Hikari Tasaki

Next, let’s move onto designs!

Shintaro Kaido

Designs! That is, the issue of granting design rights.

Kaido/Tasaki

Better understanding of designs!

Narrator

Design rights are granted to the original designs of products.
Appealing to consumers’ tastes, the design of a product functions as “the face of the product” like a logo or a trademark.
The design system can encourage creation of product designs and contribute to the development of industry through protection and utilization of relevant rights.
The design right is a right to protect newly created designs as the property of the designers.
Then, would “visual arts,” such as painting, be considered for a design right?
Design rights are granted only for industrial designs applied to goods mass-produced. Therefore, individual works of art are not considered for the grant of design rights.
Designs of typical products including “cars”, “mobile phones”, “furniture”, “writing utensils” or “packaging containers” from almost all types of industries are considered for the grant of design rights.

Shintaro Kaido

The Design Rrights are the industrial property rights that protect the originality of the designs.
So many things around usin our lives have been are registered for Ddesigns rights!

For example, do you know what this is?

Hikari Tasaki

This is instant ramen. Which part of this ramen…?

Shintaro Kaido

It’s here, this small cup in the middle…

Hikari Tasaki

I see…, this cup is for a raw egg to be placed on.
Even something like this has been registered for a design right,

Shintaro Kaido

Yes, it has. Unique designs like this can be considered for design rights.

Hikari Tasaki

It’s based on a tiny idea but still is a proper design right.

Then, how can you make a design registration? Here are the procedures.

Shintaro Kaido

First, you submit filing documents to the Japan Patent Office.
Then, your application goes through a formality examination to check the completeness of the documents, followed by a substantive examination.

Hikari Tasaki

From what kind of viewpoint, is a substantive examination conducted?

Shintaro Kaido

The points of examination are: (1) if a design can be used for an industrial purpose; (2) if the design is brand new; and (3) if the new design is not easily created by anyone else.

Hikari Tasaki

After a design passes the examination, it’s ready to be registered. You then pay the annual fees, and the design is registered.

Shintaro Kaido

That’s right. Then, design gazette is published informing the public of the establishment of a new design right while describing the contents of the right.

Hikari Tasaki

Designs for cars, plastic bottles, etc. are protected by design rights.

Now, let’s move onto trademarks.

Kaido/Tasaki

Better understanding of trademarks !

Narrator

When we buy goods or services, we tend to use a company logo or a name of goods or services, that is considered a trademark, as a landmark for our purchasing decisions.
Meanwhile, companies establish and maintain their brand image by providing better goods or services and investing in marketing effort to earn consumers’ faith. Consumers then feel comfortable with the brands they trust.
A trademark is sometimes called a “quiet salesman” playing an important role to represent actual goods or services.
“Trademark rights” protect “logos” or “names” of goods or service as properties.
Trademarks are registered as a right for the combined use with goods or services, prohibiting others from copying and using the already registered trademarks.

Shintaro Kaido

Duration of trademark rights is a unique feature.

Hikari Tasaki

How long is the duration of a trademark right?

Shintaro Kaido

The duration of a trademark right is 10 years from the date of the registration. However, it can be renewed as many times as the right holder wishes, so the right in fact can last forever.
One old trademark in Japan belongs to Kamenoko Tawashi, which was registered in the 45th year of the Meiji era.

Hikari Tasaki

The 45th year of the Meiji era is the year 1912. Almost 100 years ago!

Shintaro Kaido

Precisely!
Patents expire 20 years from the filing date, but brand or trade names can be used for such a long time by continuously renewing a trademark registration.

Hikari Tasaki

This may encourage you to look for familiar trademarks around you.

How do you file an application for trademark registration? Here are the procedures…

Shintaro Kaido

After submitting a trademark application, the contents of the application get published. The submitted application then go through a formality examination to ensure the prescribed format was followed. Then a substantive examination is performed to check whether all the requirements are fulfilled. When the application passes those examinations, the Japan Patent Office decides to register the trademark.
You pay the registration fee and a trademark right is granted. A certificate of trademark registration is sent to the applicant.

Hikari Tasaki

It’s apparent that trademark rights are deeply ingrained in our daily lives.

Let’s move on to explaining the role of the Japan Patent Office. We’d like to give you a tour of the office building.

Shintaro Kaido

I’ll be your tour guide.
Surprisingly, some office areas have never been filmed before!

Kaido/Tasaki

Better understanding of the Japan Patent Office!

Shintaro Kaido

The Japan Patent Office controls the industrial property rights, as we just learned, but it also has other functions that help address the public needs.
Examples of those are drafting of the industrial property rights policies, promotion of international harmonization and assistance to developing nations. The office is constantly reviewing the industrial property rights system and supports usage rights to mid- to small-size companies and universities. As you can see, the office is involved in many aspects for further advancements of Japan’s industries and improvement in the lives of Japanese people.

Today, we’ll show you the area where you can't normally enter. We’ll take you to Patent, Design and Trademark Offices where substantive examinations are performed. We’ll also take you to Application Service Counter and Formality Examination Room.
Let’s get going.

This statue in the entrance area of the first floor is Korekiyo Takahashi, the first Commissioner of the Japan Patent Office. Takahashi has been collecting information on the patent system since the beginning of Meiji era. The importance of patents was discovered as a result of studying the collected information, and the Patent Monopoly Act, the predecessor to the modern Patent Law in Japan, was promulgated in 1885.

These reliefs depict ten Japanese outstanding inventors. Related information on these inventors representing Japan is displayed as well.

Oh, this person here is Mr. Sakichi Toyoda. He’s well known as the founder of the world famous Toyota Motor Company.
He worked on improving looms and developed Toyoda Wooden Hand Loom, which drastically improved the productivity and quality of manufacturing. He obtained his first patent, the first patent in Japan.
Mr. Kokichi Mikimoto is the founder of the jeweler, K. Mikimoto & Co., Ltd. What did he invent?
He obtained a patent on the method of implanting pearl substance in 1908.
His invention was instrumental in the phenomenal development of the cultured pearl industry in Japan.

Now, let’s get back to the tour of the Japan Patent Office.

This is Applications Support Division which receives applications.
Currently, 97% of applications are filed via the Internet. However, you can also submit application documents through this Division.

Well, it seems that this is the very first TV camera entering this office.
Is it a formality examination that is being conducted?
Formality examination, as we just learned, checks and sees if patent, trademark or other application documents fulfill the necessary procedural and formal requirements.

Well, today, we’re allowed to take a look at how a substantive examination is conducted for patents, designs and trademarks. Let’s go then.

This is where subtantive examinations for patents are conducted.
Strict examinations are performed each day.

There are so many images and videos of various designs.
We’re now in the area where substantive examinations for designs take place.

Here, a substantive examination for a trademark is underway.
This is the Appeals Court located on the 16th floor.
This court deals with application cases in terms of reviewing their examination results.
It looks like a court in a courthouse.
The court gives a dignified impression.

Patent rights are granted after getting through very strict examination process. Nevertheless, it is said that disputes arise over whether legal requirements for granting the rights are fulfilled.
Under the supervision of appeal examiners in the Appeals Court, both the demandant (i.e., the person who went to court for the question to the right) and the defendant (i.e., the patentee) for a trial are expected to assert themselves to clarify the situation, This can be applied to utility models, designs and trademark rights.

The National Center for Industrial Property Information and Training (INPIT) is on the second floor. This division provides consultation services while advising you on industrial property rights and any related information.

Indeed, we are living in this world being surrounded by inventions and ideas.
I hope you now have a better understanding of the industrial property rights system and the role of the Japan Patent Office.

Having those rights deeply involved in our daily lives, we should certainly be more mindful of the industrial property rights.

Kaido/Tasaki

We hope to see you soon again.
Thank you for joining us today.

Narrator

The industrial property rights system will continue to play an important role in the advancement of industrial technologies and the improvement of everyone’s life in the 21st century. The Japan Patent Office is actively taking measures to further advance industrial development in Japan.