FAQ

March 13, 2017

Does an invention have to be “highly advanced” in order to be granted a patent?

The Patent Act requires that an invention be novel, inventive and “highly advanced” in order to receive a patent.  While “highly advanced” may sound like a very high bar for inventions to meet, generally it is considered as less important than the novelty and inventiveness requirements.
February 21, 2017

What is a Priority Certificate?

A priority certificate provides official proof of a patent application in Japan.  This request can be made by filling out and submitting a form, along with a small fee.  The form needs to be submitted in Japanese.
January 30, 2017

Is an American trademark guaranteed protection in Japan?

While the US and Japanese trademark system share many similarities, they are separate systems, designed to be enforced and regulated separately.  While having an American trademark may help in the application process for a Japanese trademark, it is not a guarantee that a Japanese trademark will be granted.
January 10, 2017

Can a product of nature be patented?

For an invention to be patentable under Japanese law, the invention must have been “created.”  Creation requires some sort of human intervention in the process of generating the invention.  Therefore, simply discovering a natural product does not count as “creation” and natural products cannot generally be patented.