Patents Laws in Japan
Sure! Hereβs a concise overview of Patent Laws in Japan:
π Governing Law
Patent Act of Japan (latest major revision in 2014)
Administered by the Japan Patent Office (JPO)
ποΈ Regulatory Authority
Japan Patent Office (JPO)
The JPO handles patent applications, examinations, and grants.
π Patentable Inventions
Any new and useful invention which is industrially applicable.
Includes:
Products
Processes
Machines
Compositions of matter
Improvements thereof
π« Exclusions from Patentability
Discoveries, scientific theories, mathematical methods.
Aesthetic creations, purely mental acts, or business methods (unless tied to technical means).
Methods for treatment of humans or animals.
Inventions violating public order or morality.
Software is patentable only if it has a technical effect or solves a technical problem.
π Patent Term
Standard patent protection is 20 years from the filing date.
Extensions available for pharmaceuticals and certain other inventions to compensate for regulatory delays.
π Application Procedure
Filing patent application with the JPO.
Request examination within 3 years of filing.
JPO conducts substantive examination on novelty, inventive step, and industrial applicability.
If approved, patent is granted and published.
Annual fees required to maintain the patent.
π International Framework
Japan is a member of:
Patent Cooperation Treaty (PCT) β allowing international patent applications.
Paris Convention for the Protection of Industrial Property.
Trilateral Cooperation with USPTO and EPO for examination harmonization.
π‘ Key Points
Japan is known for a strict examination system, focusing heavily on technical aspects.
Software patents are closely scrutinized β must demonstrate technical contribution.
Accelerated examination possible for certain cases, e.g., pharmaceuticals or urgent inventions.
π° Fees
Application fee
Examination request fee
Grant fee
Annual maintenance fees (increase with patent age)
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