X. Protection of Intellectual Property Rights

1. Patent Right


Q10-1

Please describe how to obtain a patent right in Japan and how long it takes for an examination. What should be noted when importing good using a patent?  

Answer

To obtain a patent, you should take an examination of whether it satisfies necessary requirements by applying to the Patent Office. It takes approximately 26 months to obtain a patent right from application to the first examination depending on the technical field (As of 2004).
In the case of importing goods using a patent, documentation testifying the rightful relationship pertaining to the relevant patent is required.

(Patent Law, Custom Tariff Law)

1. In order to obtain a patent right, you need to prepare an application and file it with the Commissioner of the Patent Office. It is possible to file an application via an on-line system. Application fees should be paid by special Patent Revenue Stamps. Patent Revenue Stamps are available at major post offices nationwide.

2. Since Japan adopts a system to examine only patent applications for which a request for examination was made, if you just apply for a patent, an examination will not be carried out. Accordingly, the applicant should request an examination within 3 years from the day applied.

3. In an examination, whether or not a patent can be granted to an invention applied is determined. Major requirements for an examination are as follows.
Is it a technological idea utilizing natural laws?
Did he/she apply earlier than others?
Was there no such technical idea before the application?
Can it be industrially utilized?
Does it violate public order or morals?
Was it easily invented based on the existing technology?

4. Customs confirms whether or not cargo to be imported infringes on intellectual property rights, such as patent rights. If the imported cargo appears to be infringing, procedures are taken in order approve the presence of infringement of the relevant cargo are taken. At that time, an opportunity to state opinions is given to both the rightful person and the importer by presenting evidence. Furthermore, special handling is provided by customs for cargo for which the patent right holder filed a "submission of import prohibition information".