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Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
Patent Process in Japan
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Patent Process in Japan

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  • 1. Rajni Mishra
  • 2.  Japan Patent Act of 1959  First to file rule  Signatory to PCT and Paris convention  Article 2(1) – “Invention“ means the highly advanced creation of technical ideas utilizing the laws of nature  Article 32- Any invention that is liable to injure public order, morality or public health shall not be patented.
  • 3.  Article 29 – Conditions for patentability: - Novelty, Industrial applicability and inventive step  Article 30 - Exception to lack of novelty of invention Grace period of 6 months for following cases: - Publication - Presentation at an academic group - Exhibition  Proof to be submitted within 30 days from DoF
  • 4.  The following documents may be submitted in English: description, claims, drawings and an abstract.  The following must be in Japanese: the application form, the title of each of the documents, and the headings of each of the sections in those documents.  The Japanese translations of those English documents must be submitted within 14 months from the filing date or the priority date  Priority documents to be submitted within 16 months from the filing date or the priority date
  • 5.  Deadline for entry – 30 months  Special transmittal form (Form 53)  Japanese translation to be submitted within 2 months of DoF
  • 6.  Publication (Laying open of application) - 18 months from date of filing/ priority date  Earlier publication request – no fee
  • 7.  Formality examination  Substantive examination - Request for Examination filed within three years of the filing date of the patent application or international filing date  Examiner provides opportunity to applicant to submit opinion on examiner refusal to grant  An appeal against the examiner’s decision of refusal can be filed within 3 months (4 months for overseas residents) of the date of transmittal of certified copy of decision
  • 8.  Registration of a patent - patent fees from first to third year to be paid in a lump sum within 30 days from the date on which decision of patent grant has been transmitted  Invalidation – anytime after patent grant  Extension of the patent term by up to five years on request if the prescribed requirements are fulfilled (Article 67(2))
  • 9.  Submission of information by third parties  Industrial Property Digital Library - English machine-translations of publications of patent applications and patents granted published in or after 1993 - English abstracts of published patent applications called “Patent Abstracts of Japan (PAJ)” published in or after 1976  Payment not accepted by any means from overseas residents Additional Information
  • 10. THANK YOU WeB: www.bananaip.com Blog: www.bananaip.com/sinapse-blog A Property of BananaIP

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