Table of Contents
Patents of Invention
Legal Basis
– Patent Act, in force since April 1, 1960, revised by the Act of 1970, effective from January 1, 1971.
– Different Revisions introduced from 1976 to 2009.
– Revised Patent Act 2011, effective from April 1, 2012. Last Revision effective from April 1, 2023.
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
Filing Requirements
– Claim(s);
– A description;
– Power of attorney (no legalization);
– Drawings, a sheet for figures must be A4 size (21 x 29.7 cm). The area available for figures on a sheet is 15 x 24.5 cm. Figures on a sheet must be separated in the longitudinal direction of the sheet;
– Abstract;
– Name(s) and address(es) of the inventor(s) and assignee(s);
– Certified copy of the basic application, if Convention priority is claimed.
Remarks
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Duration: patent issued after formal and substantive examination – valid for 20 years.
Annuities: the 1st to 3rd year, annuities must be paid before registration of a patent, the 4th year annuity before the last day of the 3rd year (counted from the date of publication) and so on. The term for payment of the 1st to 3rd year annuities may be extended up to thirty days upon request of the person paying the patent fee.
Opposition: anyone can oppose the granted patent within six months from the date of the publication of the granted patent.
Trade and Service Marks
Legal Basis
– Trademark Act, enforced April 1, 1960, as revised by Act of 1975, effective from January 1, 1976.
– Different Revisions introduced from 1991 to 2019.
– Revision by Act of 2021, effective from October 1, 2022.
– Last Revision by Act of 2023, effective from April 1, 2024.
Membership in International Conventions
– Paris Convention.
– Madrid Protocol.
Filing Requirements
– An electronic file in .jpg format of a mark, unless standard characters are adopted;
– Certified copy of the basic application, if Convention priority is claimed.
Note: a power of attorney is not required for filing an application, but is required for filing an appeal against the final refusal (no legalization is required) (general power of attorney acceptable).
Remarks
Duration – renewals: 10 years from the date of registration; renewable for further periods of 10 years.
Obligation to use the registered mark: there is no obligation to use a mark, but if a registered trademark has not been used for three consecutive years after registration, a cancellation trial may be filed by any third party.
Opposition: post-grant opposition: within two months from the date of publication of the registration, anyone can raise an opposition by submitting to the Patent Office a statement of opposition together with evidence. The term for raising an opposition cannot be extended. The reasons for opposition and evidence can be supplemented within thirty days (a further two-month grace period is granted to foreigners).
Industrial Designs
Legal Basis
– Design Act, enforced April 1, 1960, revised by Act of 1990, effective from December 1, 1990.
– Different Revisions introduced from 1998 to 2020.
– Last Revision by Act of 2023, effective from January 1, 2024.
Membership in International Conventions
– Paris Convention.
– Hague Agreement, Geneva Act.
Filing Requirements
– Certified copy of the first application, if Convention priority is claimed;
– Name and address of the inventor(s);
– Formal drawings (A4 size) of six views including front, rear, top plan, bottom plan, and both side views illustrated by orthographic projection. Inclusion of any elements not contributing to the composition of a design, such as hatching or stippling to indicate shading, may be permissible if appropriately specified. Photographs taken by orthographical projection can be substituted for the above six views with similar conditions applying as for inked drawings.
Note: a power of attorney is not required for filing an application, but is required for filing an appeal against the final refusal (no legalization is required).
Remarks
Duration: after formal examination and novelty examination: 25 years from the date of application (or 20 years from the date of registration for those filed before April 1, 2021 or 15 years for those filed before April 1, 2007). The duration for related designs is 25 years from the application date of the fundamental design (or twenty or fifteen years from the registration date of the principal design). The duration may not be extended.
Opposition: not provided for.
Invalidation: a demand for invalidation of a registered design can be lodged at any time during the term of protection and even after the registration has lapsed.
Domain Names
Filing
ccTLD: .jp
Applicant: individuals and legal entities.
Local presence: required.
Remarks
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: available (variation of UDRP) before Japan Intellectual Property Arbitration Center.