- Asian
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Application channels
Chinese companies generally choose the following three ways to apply for Japanese patents:
1、 It's a direct application
2、 It is based on China's application for a Japanese patent under the Paris Convention;
3、 It landed in Japan through PCT international application.
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Application Language
Japanese
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Duration
Usually 20 years
However, the patent validity period for pharmaceutical and pesticide inventions can be extended to 25 years through application
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censorship
The examination of Japanese invention patents is divided into formal examination and substantive examination.
1. Instruction letter: including application category, submission deadline, names, nationalities, and addresses of the applicant and inventor; The enterprise applicant indicates whether it is a large entity, a small entity, or a university, research institution, etc;
2. Japanese patent specification: Applications can be submitted in either Chinese or English, followed by a Japanese translation;
3. Certificate of Priority: For priority applications, the certificate of priority should be submitted within 16 months from the priority date;
4. Power of attorney: The general committee requires documents, which will not be submitted after filing. Some firms require a power of attorney, while others do not.
Prepare patent application documents → Submit application to the Japan Patent Office → Accept (Japan Patent Office issues acceptance notice) → Publish (within 18 months from the date of application, the Japan Patent Office publishes patent application documents) → Request for substantive examination (the applicant must submit a request for substantive examination within three years from the date of application) → Substantive examination (the Japan Patent Office conducts substantive examination of the patent application, and the applicant must respond to the examination opinion notice) → Authorization and announcement (if the patent application meets relevant legal requirements, the Japan Patent Office grants patent rights to the invention creation and announces the authorized patent).
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Application channels
Chinese companies generally choose the following three ways to apply for Japanese patents:
1、 It is to apply directly to the Japan Patent Office
2、 It is based on China's application for a Japanese patent under the Paris Convention;
3、 It landed in Japan through PCT international application. -
Application Language
Japanese
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Duration
Applications before March 31, 2007: 15 years
Applications after March 31, 2007: 20 years
Starting from April 1st, 2020: 25 years
Japanese design patents usually receive an authorization notice within 8-12 months, and within 30 days from the issuance of the authorization notice, an authorization fee, which is the annual fee for the first year, must be paid. Starting from the second year, pay the annual fee, and the payment period corresponds to the authorization date. The late fee period is 6 months.
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censorship
The examination of design patents in Japan adopts the substantive examination system. The first paragraph of Article 3 of the Japanese Craftsmanship Act stipulates novelty requirements, the second paragraph stipulates similar inventive requirements, and also requires industrial practicality and aesthetic appeal in the definition. The corresponding Article 17 of the Craftsmanship Law stipulates the content of substantive examination, that is, through search, the examination of novelty (similarity), creativity, singularity, and whether the design application should not be granted patent rights.
1. Design Patent Application Form (Instruction Letter): This form includes the design name, detailed information of the applicant and inventor
2. The dimensions and proportions of product design drawings, isometric views (unfolded views), six side views (i.e. front view, rear view, left view, right view, top view, and bottom view), and seven side views must be consistent;
3. Priority documents (if applicable): If a patent for the same invention has been applied for in another country or region and one wishes to enjoy priority, the corresponding priority proof document - DAS code - needs to be provided.
Preparation of patent application documents → Submission of application to the Japan Patent Office → Acceptance (Japan Patent Office issues acceptance notice) → Examination (OA will be issued at this stage, similar to an invention application) (Japan Patent Office will examine the application) → Authorization and announcement (if the application meets legal requirements, the Japan Patent Office will grant a Japanese design and announce the authorization).
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Application channels
Chinese companies generally choose the following three ways to apply for Japanese patents:
1、 It is to apply directly to the Japan Patent Office
2、 It is based on China's application for a Japanese patent under the Paris Convention;
3、 It landed in Japan through PCT international application. -
Application Language
Japanese
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Duration
10 Years
Starting from the fourth year, pay the annual fee
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censorship
The examination of Japanese utility model patents is similar to that of Chinese utility model patents, adopting a registration system and obtaining patent rights without substantive examination. Registration is granted within 5-7 months to obtain a patent certificate. The examiner only conducts formal examination on the application documents. If they meet the basic requirements, they will be approved. If they do not meet the basic requirements, the applicant will be notified to make corrections. If they fail to make corrections within the time limit, they will be revoked.
1. Detailed information of the applicant and inventor: name, address, nationality, etc;
2. Instruction manual, abstract of the instruction manual, drawings of the instruction manual, drawings of the abstract, and claims;
3. Priority proof documents (if required);
4. Power of attorney.
Preparation of patent application documents → Submission of application to the Japan Patent Office → Acceptance (Japan Patent Office issues acceptance notice) → Formal examination (Japan Patent Office conducts significant substantive defect examination and formal examination of patent applications) → Authorization and announcement (if the patent application meets relevant legal requirements, the Japan Patent Office grants patent rights to the invention creation and announces the authorized patent).
