FAQ

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. 
December 14, 2016

Can an inventor appeal a patent application denial?

Plaintiffs who feel that their patent was denied improperly can appeal the rejection of a patent application through the Japan Patent Office rather than resort to the courts.  This appeal must be made within three months of the rejection.
November 21, 2016

What type of information goes into a Japanese patent application?

When drafting a patent application one of the most important points is the scope of the claims which describes the invention the patent will cover.  Drafting the claims too narrowly can lead to a patent that only protects a very specific invention, allowing others to make slight changes to the invention and avoid patent infringement.  However, drafting the scope too wide may result in the patent application being rejected or later overturned in court.  It is important to reach the right balance of these two approaches to provide the maximum protection for the invention.