COUNTRY : JAPAN
CAPITAL : TOKYO
LANGUAGE : JAPANESE
Japnese Intellectual Property Office is known as the JPO- Japnese Patent Office.
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
FILING WITH PATENT OFFICE – 12 Months
REQUEST FOR EXAMINATION – Within 6 month from the date of direction
COMPLIANCE OF OFFICE ACTION –
ANY OTHER COMPLIANCE –
IP LAW IN JAPAN
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Have Utility
Inventions pertaining to the following:
(i). Name &Address of the Applicant.
(ii). Name &Address of the Inventor.
(iii). A request that a patent may be granted.
(iv). Title of the invention.
(v) Relevant filed of use
(vi) Prior Art
(vii). Description of the invention.
(viii). Objective of the invention.
(ix). Example of use of the invention.
(x). Effect of the invention
• Upon receipt of patent application, it is formally examined to assertion that it fulfils all necessary procedural and formalities requisites.
• Applicant to carry out corrections or amendments wherever necessary and required.
• Examined applications published in the official gazette upon expiry of 18 months from the date of filing.
• Applicant to file request for substantive examination within three years from the date of filing, else, application regarded as withdrawn and can not be patented thereafter.
• Upon Examination, any reasons for refusal found, applicant notified of the same to which applicant is to respond within a stipulated period of time.
• Based on the examination, examiner to make a decision regarding grant of patent.
TERM AND KINDS OF PATENTS GRANTED IN JAPAN:
After a period of 3 yrs., but within 4 yrs. from the date of filing of the patent application, the Intellectual Property Office can issue compulsory licenses to interested parties in the event the patented invention has not been worked. Also, interested parties may request the patentee or the exclusive licensee to grant a non-exclusive license.