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Japanese patent application
With the acceleration of the pace of "going out" of Chinese enterprises, many Chinese enterprises not only regard Europe and the United States as overseas target markets, but also set their sights on Japan. In the process of introducing European and American technology to catching up with Europe and the United States, Japan actively introduced the advanced systems of European and American countries, and established a more rigorous, specific and complete intellectual property legal system based on the current situation of the country. If Chinese enterprises want to occupy a certain market share in the Japanese market, they can actively apply for patents in Japan. This guide focuses on the main ways, basic processes and important considerations of Japanese patent applications to help enterprises understand how to apply for and obtain Japanese patents, and improve the efficiency and quality of enterprise applications and rights.
1.Legal Basis of Patent Application in Japan
The legal basis for regulating Japanese patent applications is mainly found in the "Concession Law", "Practical New Law" and "Italian Law". The latest amendments to the Concessions Act, the Utility New Act and the Italian Act are2014 Year6 Month13 day. Here, the license is equivalent to my country's invention patent (hereinafter referred to as "invention"), the utility new case is equivalent to my country's utility model patent (hereinafter referred to as "utility model"), and the intention is equivalent to my country's design patent (hereinafter referred to as "design" ").
2.Japanese patent application route
There are three main ways to apply for Japanese patents, namely: Patent Cooperation Treaty (Patent Cooperation Treaty, PCT), the Paris Convention, and direct access to the Japan Charter Office (Japan Patent
Office, shortJPO) filing a patent application.
The Patent Cooperation Treaty (PCT) pathway
Under the Patent Cooperation Treaty, applicants can submit a PCT to international patent application acceptance offices, including the State Intellectual Property Office of China.International patent application (priority may be claimed for a previously filed invention or utility model). Then, from the date of the international application (from the earliest priority date if there is priority)30 Within a monthJPOApply for entry into the Japanese national phase. It is important to note thatPCTApplications for entry into the Japanese national phase must be filed on the filing date (priority date).30 A statement to enter the national phase, I .e. a domestic written statement (national formpaper）1 And pay the corresponding fees.
The Paris Convention Approach
Applying for a Japanese patent through the Paris Convention means that after the applicant has filed a national patent application for the first time in any of the Paris Convention member countries12 Months (invention or utility model)/6Months (Design) IntrovertedJPOApply for a patent on the same subject matter and claim priority.
Direct filing of patent applications with the JPO
The applicant may directJPOSubmit a patent application, but it should be noted that the invention or utility model completed in China to apply for a patent overseas need to be confidential examination in China in advance. Otherwise, the Chinese patent application corresponding to this patent application will not grant a patent right (No.20 article).
3. Application Language
ToJPOWhen filing a patent application, the Japanese text should, in principle, be submitted. In order to facilitate sufficient translation time for non-Japanese applicants, the Japanese Patent Law has a system of written applications in foreign languages (foreign languages refer to "English") (No.36 Article2).
through the Paris Convention or directly to JapanJPOWhen submitting a patent application, if you want to make use of the foreign language written application system, the request for the patent application still needs to be filled in Japanese, while the description, claims and drawings can be submitted in English (only the English text can be submitted). Such applications are called foreign language written applications. From the date of submission of a written application in a foreign language2 Japanese translation should be submitted within months. If during the periodIf the Japanese translation is not submitted within the limit, the foreign language written application shall be deemed to be withdrawn.
4. Agent Power of Attorney
Foreigners or legal persons who do not have a domicile or place of residence in Japan (the address of a legal person) must entrust a patent agent (known as Benji in Japan) to apply for a patent in Japan. In Japan, a power of attorney is generally not required at the application stage, but only when the applicant is subject to procedures that are unfavorable to the applicant, such as "abandoning the application.
Types of Protection 5. Japanese Patents
Japanese patents include three types of inventions (licensing), utility models (utility new cases) and designs (Italian craftsmen), which are regulated and protected by the Concession Law, the Utility New Case Law and the Italian Craftsman Law, respectively.
Patents for inventions Patents for inventions protect high-level creations in technological creations made using the laws of nature (Concessions Act No.2 article). Therefore, schemes that do not utilize the laws of nature, such as calculation methods, financial insurance systems, taxation methods, etc., are not protected. The term of protection of invention patents in Japan is from the date of application.20 Year (Concessions Act No.67 article). To obtain a patent for invention in Japan, a request for substantive examination of the patent application is required, and the patent right can only be obtained after the substantive examination. The average examination cycle of Japanese invention patents is approximately20 Many months. Usually approximately from the date of the trial.16 The first notice of review opinion or authorization decision will be issued in the next month.2012 The grant rate of Japanese invention patents in66.8%,2013 The grant rate of Japanese invention patents in69.8%.
utility model patent
Utility model patents protect the creation of technical creations made using the laws of nature involving the shape, structure or combination of objects ("Utility New Act" No.2,3 article). The creation involving the material itself or the method does not belong to the protection object of the utility model patent. The term of protection of utility model patents in Japan is from the date of application.10 years (Practical New Act No.15 article). In Japan, utility model applications are not subject to substantive examination and pass the basic conditions examination (Utility New Law No.6 Article2, an examination of the object of protection, singularity, etc.) and a preliminary examination (Practical New Act No.2 Article2 Section4 after the examination of fees, forms, etc.), the utility model patent registration. The examination cycle for utility model patents is relatively short, approximately from the date of submission of the application.4 The authorization decision will be issued in the next month.
The design patent protects the design of the shape, pattern or color of the article (including the part of the article) or the combination thereof, which is visually perceived as aesthetic (the Italian Craftsman Act No.2 article). There are many types of design protection in Japan, including some designs, associated designs,GUIDesign, secret design, dynamic design and design of complete sets of products. The term of protection for design patents in Japan is 20 years from the date of registration.Year (Law of the Artisan Act No.21 article). It should be noted that obtaining a design patent in Japan requires a substantive examination, and applications for design patents in Japan will be subject to an automatic substantive examination system in order, without the need for a separate request for a substantive examination (Italian Craftsmanship Act No.17 article). The examination cycle for design patents is relatively short, approximately from the date of filing the application.6 The first notice of review opinion or authorization decision will be issued in the next month. The grant rate for design patent applications is approximately80%。