Office Hashimoto

22/07/2022

I will explain using the patent information of "Asahi Raw Beer Mug Can" as an example.

(1) Under the Japanese patent system, even if you apply for a patent, the examination will not start unless you take the procedure of "request for examination of application" within 3 years from the date of application. The invention requested for examination will be published in the patent gazette and will be subject to examination.

(2) An application for which examination is not requested within a certain period (about 1 year and 3months) after the application will be published (forcibly) in the patent gazette after 1 year and 6 months. At this point, the invention becomes "publicly known", but no one other than the applicant is yet able to carry out the invention with peace of mind. This is because the applicant for the published invention is granted the "right to claim compensation" in return for publication, and has the right to claim compensation equivalent to the royalty from the other person who implemented the invention. is. However, the actual compensation is conditioned on the invention being granted rights in the future, and for inventions for which refusal has been confirmed as a result of examination, or for inventions for which examination was not requested within the examination request deadline described later. , Compensation claim will not be realized.

(3) An application that was published one year and six months after the application and was not requested for examination will be deemed to be withdrawn three years after the filing date, and the request for examination will not be possible. At this point, the invention is separated from the continuation of the Patent Office, and others can safely carry out the claimed invention.

(4) "Asahi Raw Jock Can" was named "Effervescent Beverage Can and Its Manufacturing Method" on November 22, 2019 (November 22, 2019) by "Asahi Beer Co., Ltd." and two others. The application was filed and publis

06/12/2012

Patent System in Japan (3)
The following inventions (a), (b) and(c) are considered not to be novel.
　Before filing a patent application,
(a) an invention publicly known or worked in Japan or a foreign country
(b) an invention described in a distributed publication in Japan or a foreign country
(c) an invention available publicly through an electric telecommunication line in Japan or a foreign country.
http://www.hashimoto-ip.com/

06/12/2012

Patent System in Japan (2)
Patent is granted only for such invention that satisfies the standards of (i) industrial applicability, (ii) novelty and (iii) inventive step.
http://www.hashimoto-ip.com/

02/10/2012

We need to mind out that this case is applied only for paid-for music and moving pictures. http://www.hashimoto-ip.com/

A change to the law in Japan means citizens who illegally download copyright infringing files face jail sentences and fines.

15/09/2012

Patent System in Japan (1) - Scope of protection -
The Patent Law offers protection for “inventions”. The law defines “invention” as "highly creative technological ideas utilizing laws of nature". The scope of protection extends to such fields as mechanical engineering, chemical engineering, electronics, biotechnology, computer programs and business methods.
http://www.hashimoto-ip.com/

25/08/2012

- Post-registration opposition -
An opposition can be raised only after the trademark has been registered, in Japan. It can be filed for each of goods or services, within two months from the date of publication of the bulletin containing the trademark.
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19/08/2012

- Grace period for renewal application -
A renewal application can be filed in the six-month period preceding the expiration date of the trademark registration and can be filed further six months after the expiration date on condition that the renewal registration fee be paid double.
http://www.hashimoto-ip.com/

15/08/2012

- Renewal of Trademark in Japan -
The duration of a trademark right shall expire after ten years from the date of registration. A trademark registration is renewable only by filing an application with the payment of the renewal registration fee.
http://www.hashimoto-ip.com/

14/08/2012

- Provisional Refusal against a Madrid Protocol Application -
The JPO conducts a substantial examination of a Madrid Protocol application designating Japan. If you received a provisional refusal and if you liked to have protection of your trademark in Japan, you would have to appoint a local agent in order to respond to the refusal. We are always ready to be of service for you !
http://www.hashimoto-ip.com/

14/08/2012

- Madrid Protocol Accordance -
International applications for trademark registration in accordance with the Madrid Protocol on the base of a JPO filing/registration are acceptable for Japanese nationals or foreign nationals domiciled or resident in Japan (in the case of a juridical person, with a place of business).
http://www.hashimoto-ip.com/

12/08/2012

- Multi-class application, and Conventional Priority -
A trademark application is allowed to cover plural classes of goods and/or services.
A six-month priority period of the Paris Convention is available for applicants who have filed applications for the subject trademarks in one of the signatory countries.
http://www.hashimoto-ip.com/

12/08/2012

- First-to-file rule -
Trademarks do not have to be in use at the time of filing application, nor at the time of registration. If the trademark owner has the intention of using the trademark in future, it can be registered, unless it goes against the Trademark Law. Therefore, it is very important for foreign business owners, who think expanding their business into Japan, to apply for registration of trademarks before starting business, actually, in Japan.
http://www.hashimoto-ip.com/