Patent & Utility Model
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In Japan, inventions are protected by the patent right or the utility model right when applications for such rights are granted and registered. The patent application may be filed claiming the priority date under the Paris Convention within one year from the earliest filing date in other countries than Japan. The PCT application designating Japan may enter the Japanese national phase within 30 months from the earliest priority date. The patent applications filed domestically and through the PCT system are examined on the merit when the request for examination is filed within three years from the actualy filing date in Japan or the international filing date. An first official usually is usually sent to the applicant about 1-3 years from the request date. The examination may be expedited if such a petition is granted such that the first official action may be sent in 3 or more months. On the other hand, the utility model application is formally examined, but not on the merit. Some restriction applies when the utility model right is enforced. |
Design
| Design is protected under the design law in Japan. The scope of the right is defined so-called six views. The design application may claim the Paris Convention priority when it is filed within six months from the earliest filing date other countries than Japan. A first official action usually sent in one year from the filing date. |
Trademark
| Trademark is basically protected under the trademark law once the tademark registration application is granted and registered. It is necessary to have an intention to use the trademark when the application is filed. However, it is not required to actually use the trademark when it is registered. Three years of non-use may cause calncellation of the registration. |
PCT
| Japan is one of the contracting states and the PCT application may enter the Japanese national phase. It can be the utility model application, but it is not recommended since the term is short. |
Costs
| Patent application | Attorney fees are from 200,000JPY depending on contents, volumes, and so on. Official filing fee is 15,000JPY. |
| Examination fees | Offical examination fees are from about 180,000JPY depending on the number of claims. |
| Preparation of response | The attorney fees are from 50,000JPY. |
| Registration fees (allowed and registered) |
The official fees are from about 10,000JPY depending on the number of the claims. |
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| Trademark | It is possible to set a special price list depending on the volume. The official fees are to be paid in advance. |
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The official fees are 3,400 plus 8,600 times the number of classes.
Please see the following examples. |
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The trademark registration application is subject to examination on the merit and may be rejected. |
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