To obtain Japanese invention patent rights, an application should be submitted to the Japan Patent Office and reviewed by the Patent Office to determine if the necessary requirements are met. All patent applications are accepted, examined, and authorized by the Tokyo Patent Office. Even for the same invention, patents can only be granted to the invention that first filed the application. Japan adopts the first to file principle, so it is best to apply as soon as possible after making the invention. In addition, computer software can obtain invention patents in Japan.
1、 Required documents for Japanese invention patent (license) application:
(1) Application form, which should specify the names and addresses of the inventor and applicant (if the applicant is a legal entity, the name of the legal representative should also be included), submission date, invention name, and priority date (if priority is claimed);
(2) The specification includes: the name of the invention, accompanying drawings, a detailed description of the invention, and the claims (an English version can be submitted, with a Japanese translation to be provided within 2 months).
(4) If necessary, there should be accompanying drawings;
(5) Summary;
(6) If priority is claimed, priority documents should be submitted, including a certified copy of the prior application and its Korean translation;
(7) If an agent is appointed, a power of attorney should be submitted (which can be supplemented later).
2、 Application process:
1. Priority claims for Japanese patent applications (if any):
1). An application claiming priority shall be filed within 12 months from the filing date of the first application in another country.
2). At the time of application, it is necessary to assert that priority certification could have been submitted to the Japanese government within 16 months from the priority date.
3). Domestic priority shall be claimed within 12 months from the date of the previous application, and the previous application must be waived.
2. Japanese Patent Application Examination Procedure:
1) Examination system: Japan implements a system of first application, public application, and request for substantive examination for invention patents
2) The patent application shall be published 18 months after the filing date (priority date);
3) Request for entity review within 3 years from the application date (or priority date). The examination is conducted by the examiner of the Patent Office, who determines whether the patent application can be granted patent rights. In the review process, the first step is to examine whether the legal requirements are met, that is, to examine whether there are reasons for rejection, mainly including the following points:
1. Is it a technological idea that utilizes natural laws
2. Can it be utilized in the industry
3. Does the technical concept already exist before the application
4. Is it easy for technical professionals in this field to invent
5. Did you submit the application before others
6. Does it violate public order and good customs
7. The records in the manual comply with regulations
3. Japanese Patent Maintenance Fee: Annual fees for the first to third years are paid before registration, and are paid annually starting from the fourth year after registration.
4. Japanese Patent Term: 20 years from the date of application.
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