Intellectual Property

November 16, 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 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 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applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted. For […]
August 2, 2018

Are there any limits on what can be contracted to in Japan?

Parties in Japan are free to contract regarding almost anything but contracts that are against public policy are considered void.  This makes sense and most people would agree that the concerns of public health and safety outweigh the parties’ right to enforce a contract for the sale of illegal drugs.  However, there is no specific line to determine which contracts will be considered as “against public policy,” and contracts that might infringe on public policy are dealt with on a case-by-case basis. Sometimes these public policy goals may not be as obvious as the above example where the contract in […]
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applicant does not submit a request within 3 years of filing his or her application the application will be considered withdrawn and no patent will be granted.
January 1, 2018

What is the most common reason for rejecting a trademark application in Japan?

When applying for a trademark, it is very important to provide an accurate and detailed description of the designated goods or services related to the trademark.  The trademark should either be already in use or there should be plans to use it in the future relating to these goods or services.  A majority of trademark applications that are denied are rejected for an inadequate description of the goods or services.  This specific ground for rejection is especially common for foreign applicants for trademarks and as much as 70% of rejected foreign trademark applications are due to unclear descriptions of the […]