Japan Chapter of Global Patent GO——Introduction to Japanese Patent Application

Low-key but fast-growing Japan

Global Patent GO came to Japan today. I am glad to hear that my former colleague was successfully elected as a director of the Japan Attorneys Association this year. You must know that the Japan Attorneys Association has never had a foreigner as a director in its history. I am very proud of it .

For this neighboring country consisting of 6,852 islands with an area of only 378,000 square kilometers, we seem to know a lot, but we don't seem to really understand it. Japan's scientific research capabilities, industrial foundation and manufacturing technology are among the best in the world, with a per capita national income of US$44,000. Among the 19 key materials in the semiconductor field, 14 of them account for more than 50% of Japan's share; in the global ultra-precision processing field The mother machine with the highest precision is the AHN15-3D free-form surface diamond processing machine from Jtket of Japan; 70% of the world’s precision machine tools are equipped with the world’s highest precision micron-level automatic tool setting instrument developed by Japan Metrol; Japan HDS The high-precision, high-torque, lightweight, and low-return harmonic reducer has a share of more than 40% in the world; the main supplier of copper materials for high-tech scientific research equipment in China, and the national key support organization Chinalco Luotong needs to purchase a The entire production line of double-sided milling and cutting of copper extension; 5 of the only 6 sets of heavy ion radiotherapy equipment in use in the world are in Japan. Currently, 80% of the patients who choose not to undergo surgery and receive heavy ion radiotherapy are in Japan carried out; carbon fiber technology is basically monopolized by Japan's Toray, Toho, and Mitsubishi Rayon; the Bank of Japan's 2018 report shows that the patent royalties collected by Japanese patent applicants from foreign companies have reached 3 trillion yen, and the patents are licensed Most of them are entities in Asia and the United States. All of the above are inseparable from the support of the patent system for the Japanese market. Today we will talk about the Japanese patent system.

Japanese patent introduction

The Japanese patent system has a history of more than 150 years, and has accumulated considerable experience in the design of the legal system and the establishment of provisions. Everyone in the intellectual property circle knows that the Japanese attorney exam is the most difficult in the world, and the quality of the instructions written by the Japanese attorney is the highest. . China's patent law includes three types of protection for invention patents, utility model patents and design patents, while Japan has three laws of "patent", "utility model" and "artisanship" to protect corresponding inventions and creations. This may also be a manifestation of the characteristics of Japanese fine craftsmen.

1. Types of patent protection in Japan

Invention, Utility Model, Appearance

2. Paths for Chinese applicants to apply for patents in Japan

Paris Convention, PCT international application enters Japanese national phase, direct application

3. Review unit

The Japan Patent Office, JPO, has a total of 2,780 employees. It has been committed to achieving "the world's fastest and highest quality patent examination". Through Japan's unique "early examination" system, patent granted can be obtained within 6 months at the earliest. Such high search efficiency is due to JPO's outsourcing of search services to 10 private search agencies registered with the Japan Patent Office.

4. Submit your application

1) Deadline requirement: acceptance of priority restoration.

2) It can be submitted in non-Japanese, but the Japanese version must be submitted within 16 months from the priority date.

3) The application fee and the official fee are charged according to the number of Claim.

5. Formal examination

The JPO conducts a formality examination of the application documents ex officio.

6. Disclosure procedure

Publication in Japanese within 18 months from the priority date/filing date, earlier publication may be requested. Designs may be requested to remain confidential and not to be published.

7. Substantive examination procedure

For invention patents, within 3 years from the priority/application date, anyone can submit a request for substantive examination of the patent application. About 285 days after the request for substantive examination, the applicant will receive the first examination opinion issued by the JPO, and the reply period is 3 months from the date of issuance. If the granted conditions are met, the granted can be obtained.

The registration system is adopted for utility models, and substantive examination is not carried out.

Designs automatically enter substantive examination without submitting a request for substantive examination, and partial design examination can be requested.

8. Authorization

After the substantive examination is passed, the applicant is required to pay an annual fee of 1-3 years at the time of granted, and the annual fee is calculated according to the number of Claim.

9. Accelerated review route:

Applicants who meet the conditions can use means such as priority examination, early examination and ultra-early examination to speed up the examination process and obtain patent application granted more quickly.

Advantages of Chinese patent application in Japan

1. Chinese applicants can make full use of Japan’s system of converting utility model patents into invention patents and enjoy the more relaxed protection Japan provides to patentees;

2. The tangible assets of Japanese companies in China, such as factories and products, are just a drop in the bucket compared to their valid patents in China. Therefore, Chinese companies can also firmly attach themselves to the Japanese economy through the capillaries of patents, and make the rapid development The results are sent back to the home country;

3. In the case of sustainable innovation, it is the mission of each of our Chinese companies to maintain the sustainability of the "national profit model" and to enable China to achieve faster development in key technological fields.

Friendliness to Chinese applicants:

★★★★★

Gold content of patent rights:

★★★★★

The degree of perfection of the rights protection mechanism:

★★★★★