Japanese Patent Office

In order to obtain a patent, one must apply to the Japanese Patent Office and go through an examination to determine whether the application fulfills all the necessary requirements. The Japanese Patent Office examines all applications before ultimately granting any patent right. The whole procedure in Japanese Patent Office is as follows:

(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.

(2) Publication of Unexamined Application (Kokai) The Japanese Patent Office will publish the content of an application in the Patent Office Gazette after 18 months have elapsed from the date of filing.

(3) Request for Examination. An examination on patent application will be carried out only for those applications which filed a request for examination and paid the examination fees.

(4) Substantive Examination The Japanese Patent Office examination will be carried out by the examiners of the Japanese Patent Office who will decide whether or not the claimed invention should be patented.

(5) Notification of Reasons for Refusal If the Japanese Patent Office examiner finds reasons for refusal, a notice to this effect will be sent to the applicant.

(6) Written Argument or Amendment. Applicant who received a notification of refusal can submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or an amendment of the claims in the case that this would nullify the reasons for rejection.

(7) Decision to Grant a Patent / Decision of Refusal. As a result of the Japanese Patent Office examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. If the Japanese Patent Office examiner finds reasons for refusal, notification will be sent to inform the applicant of these reasons.

(8) Registration Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered in the Patent Register.

(9) Opposition The Japanese Patent Office will reexamine the appropriateness of its decision to grant and remedy any flaws that may be discovered.

(10) Decision to Maintain the Patent / Decision to Revoke the Patent The examination of a written opposition to the grant of a patent right is carried out by a collegial body of three or five appeal examiners. If there is an objection to a decision to maintain, a decision to revoke or a decision of refusal, either the applicant or any interested person may lodge an appeal with the Japanese Patent Office or bring a suit before the Tokyo High Court.