Invention (JP)

Invention patent, which is equivalent to a licensed patent in Taiwan. It refers to the use of the laws of nature of the technical idea of a high degree of creation, for the problem to be solved, the use of equivalent technical means, to produce its effect, to achieve the expected purpose of the invention. The content of the invention must be technical, otherwise, if it is only a simple discovery, a scientific principle, a simple artistic creation, etc., it is not allowed to apply for a licensed patent.

Contents
1. What can and cannot be patented in Japan?
2. What is the procedure for filing a patent in Japan?
3. What documents do I need to apply for a patent in Japan?
4. How much does it cost to apply for a patent in Japan?
5. Conclusion

1. What can and cannot be patented in Japan?

　Conditions for the grant of patents
　(1) It is a "high-level creation of technical ideas that make use of the laws of nature" as described in the Concession Act.

(2) The following requirements must be met:

◆ Industrial utility: inventions that can be used in the industry.
◆ Novelty: An invention that is not known or publicly exploited in Japan, inside or outside the world, nor is it disclosed in a public distribution or can be used by the public through any information network.
◆ Progressive: An inventor who is not a general knowledge of the technical field to which the patent application belongs, and who can easily be associated with it based on prior art.

(3) It does not infringe on public order and good morals.

(4) Non-duplicate authorization.

(5) Possession of the unity of patent.

(6) Full disclosure and clear disclosure.

2. What is the procedure for filing a patent patent in Japan?

Source: JPO, https://www.jpo.go.jp/e/system/patent/gaiyo/patent.html

3. What documents do I need to apply for a patent in Japan?

　To apply for a patent in Japan, you have to submit:

an application form for a patent,
a description,
claims,
drawings (if necessary),
an abstract,
certified copy of the priority document (submit within 16 months from the priority date),
power of attorney (when applicable).

　The official language of the patent application is Japanese. The applicant must provide a translation within two months from the date of notice.

　If the information about your representative is included in the application form, you do not have to submit a power of attorney. However, if you appoint a representative acting on your behalf to proceed with the Office afterwards, you need to submit a power of attorney.

4. How much does it cost to apply for a patent in Japan?

SEE Japanese Fee Schedule.

5. Conclusion

　Japanese patent applications require careful planning, in-depth research, and a decided strategy. By understanding the filing process and utilising professional guidance where necessary, companies can effectively protect their brand image and increase business opportunities in the dynamic Japanese market.

Each of the attorneys, agents and specialists on our law firm's team has extensive experience in filing and protecting patents, ranging from patent prosecution, infringement litigation, and litigation before the courts. We, Lewis & Davis Patent Attorneys Office, can provide the best protection for your patents and intellectual property rights.

If you would like to learn more about intellectual property protection, please contact us.