FAQ Archives - Ohara & Furukawa

January 19, 2022

Exclusive Licenses in Japan

Exclusive licenses in Japan for intellectual property are, similar to other jurisdiction, exclusive to everyone as set forth by the licensee. That includes the patent or trademark owner and therefore, patent or trademark owners who choose to enter into an exclusive license agreement give up their own right to use the patent for the extent of the license. However, a recent trend in intellectual property licensing has been to grant a license to a party while, at the same time, promise not to grant any further licenses to other third parties. Therefore, this type of license agreement has two main […]

October 18, 2019

Limitation on IP License in Japan

It is important to consider how to put a limitation on IP licenses in Japan or any agreement involving Japan. Granting another company or person a license for intellectual property, is a powerful way to turn patented, copyrighted or trademarked ideas into a source of reoccurring profit. However, granting a license that is too broad can result in a wasted opportunity and lost profit. Therefore it is important to tailor the license agreement to fit exactly the parameters that fit the license fee being paid. The most common way to put a limitation on IP license in Japan is to […]

November 16, 2018

Filing Patent Examination Request in Japan

In Japan, the a patent application merely starts the process of obtaining a patent for your invention and inventors should be aware that there are additional steps to the process after the application is filed. Specifically, one of the most important steps following the application is filing a patent examination request in Japan. The Japan Patent Office will not examine a patent without being requested to do so and if the applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted. For international […]

January 17, 2018

Is it necessary to file a request for an examination in addition to a patent application in Japan?

In Japan, the a patent application merely starts the process of obtaining a patent and one of the most important steps following the application is filing a request for examination of the patent. The Japan Patent Office will not examine a patent without being requested to do so and if the applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted.