Government Policy
Extending The Period for Non-Japanese Applicants for Filing an Appeal Against An Examiner’s Final Decision of Rejection From Three Months to Four (effective April 1, 2009) (March 30, 2011)
The Japan Patent Office’s (JPO) new guidelines for filing an appeal against an examiner’s “Notice of Final Refusal” will go into effect April 1, 2009. The JPO is responding to a long-standing complaint among Japanese applicants who’ve been frustrated by the disparity between the time allotted by other international patent offices and the JPO; on [...]
JPO Logo gets a face lift (March 25, 2011)
The Japan Patent Office (JPO) has created a new logo to commemorate the 125th anniversary of the industrial property right system in Japan. more info
JPO 2010 Annual Report (March 21, 2011)
The Japan Patent Office’s (JPO) 2010 Annual Report was published in May. The 200-page report disclosed both domestic and international trends in applications, registrations, time for pendency, number of trials and other data of interest. The following are some of the highlights. General Trends for 2009: The number of patent applications filed in Japan has [...]
Japan, United States, the European Union and other countries agree on a landmark proposal to combat counterfeit and pirated goods (October 6, 2010)
An international pact on tackling counterfeit and pirated goods was tentatively agreed upon among 11 nations and regions in a global negotiation that took place October 2 in Tokyo. The main feature of this Anti-Counterfeiting Trade Agreement or ACTA is giving customs officials the authority to seize counterfeit products without a court order or a [...]
Japan Patent Office”Case Study on Inventive Step”is published in English (September 7, 2010)
At the 3rd meeting of the Committee on Examination Standards held on June 30, 2009, the Committee concluded that a revision of the examination guidelines will not be necessary at this time in light of stable granting of patent rights and the stability of granted patents. It did preface that by concluding the committee will [...]
Revisions in the Trademark Examination Guidelines for Registering Famous People’s Names as Trademarks (June 22, 2010)
by Yoshiko Osawa, International Trademark SpecialistIn October 2009, the Japanese Patent Office (JPO) revised the trademark examination guidelines to add a section on the handling of trademarks which use names of historical figures. In the past, the Japanese Trademark Law had no provisions forbidding the adoption of deceased person’s name as a trademark, let alone [...]
Japan and China Strengthening Cooperation for Protecting Intellectual Property Rights (June 22, 2010)
by Konomi Takeshita, Patent AttorneyRecently, Japan and China appear to be bolstering their cooperation in improving the protection of intellectual property rights (IPRs), in order to support economic stability in the region. In June 2009, the two countries signed a Memorandum of Understanding (MOU) and established for the first time a working group to protect [...]
Japan Reinforces Copyright Law for 2010 (December 17, 2009)
Effective January 2010, several amendments to the current copyright law will go into effect. There are several clauses included in the revision, but the two main issues are 1) the illegal downloading of copyrighted material, 2) legalization of internet search engine caches. As for the first amendment, it will no longer be legal to download [...]
Japanese Intellectual Property Rights (IPR) : Where Is It Heading? (May 12, 2009)
Japan’s Intellectual Property Strategy Headquarters (IPSH) held its 22nd meeting on April 21 with the purpose of mapping out a five-year National Intellectual Property Strategy program. The IPSH was created in 2003 by then Prime Minister Jun’ichiro Koizumi, an advocate of introducing a stronger patent system in Japan to help the country to become an [...]
Medical Method Claims in Japan: An Overview (May 12, 2009)
According to the Japan Patent Office (JPO), methods for treatment of the human body by surgery or therapy and diagnostic methods practiced on the human body fall outside the scope of “industrially applicable inventions” and are, therefore, unpatentable. In only a few nations are such claims permissible, the U.S. being one of them. To clarify, [...]
Recent Trends in Japanese Patent Litigations (May 1, 2009)
Intellectual property right (IPR) protection in Japan has been strengthened in the past decade through proposed pro-patent policies. The intended effect behind these policies is to bolster Japan’s sluggish economy and increase its global competitiveness. Two amendments enforced in the last decade stand out as having significant effects on the Japanese patent litigation system; namely, [...]
“Darjeeling Tea”- One of Four Foreign GIs Registered Under the Amended Trademark Law (April 2, 2009)
Three Years after the Regional Collective Trademark Law went into effect, the system is still not well known among foreign business associations. The Japan Patent Office announced in February, 2009, that 873 regional marks were registered since the law went into force in 2006, and only four of them were regional brand names from foreign [...]
Change in Japan Patent Office’s Examination Fee Payment Schedule Effective April 1, 2009 (April 2, 2009)
Severe economic downturn in Japan has recently spurred the Government to set up an emergency examination fee postponement plan. Effective April 1, 2009, applicants filing a request for an examination will receive a one-year extension for payments of the official fee which is normally due at the time the request is filed. It is important [...]
Revisions in the Japanese IP Law in 2009 (February 3, 2009)
I. Extending The Period for Non-Japanese Applicants for Filing an Appeal Against An Examiner’s Final Decision of Rejection From Three Months to Four (effective April 1, 2009) Background and New Rules: The Japan Patent Office’s (JPO) new guidelines for filing an appeal against an examiner’s “Notice of Final Refusal” will go into effect April 1, [...]
New Guidelines for an Accelerated Examination System for Trademarks Effective February 1, 2009 (January 19, 2009)
Introduction The Japan Patent Office has put into effect new guidelines for the accelerated examination systems for trademarks. The JPO introduced the system for trademarks back in September of 1997 and was implemented in order to speed up the registration procedure for applications that urgently needed acceptance due to third party infringements. Under the original [...]
The Japan Patent Office Will Implement The Super Accelerated Examination System Starting October 1, 2008 (September 25, 2008)
The Japan Patent Office (JPO) will launch a pilot program that specifically aims to expedite examination for internationally filed applications with concrete commercial intent or that require a quick examination turnaround. The “Super Accelerated Examination System,” as it is called, proposes to reduce the period it takes the current Accelerated Examination System by about half; [...]
U.S., Japan and Europe Jointly Launch Three-Way Patent Search Sharing Pilot, beginning July 28, 2008 (August 15, 2008)
On July 28, 2008, the Trilateral Patent Offices of the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the Japanese Patent Office (JPO) launched a joint work-sharing project entitled the “Triway”. The program will test the effectiveness of a search and examination-sharing framework aimed at eliminating timing issues and improving [...]
The Japanese Patent Office’s Announces a Partial Revision in the Patent and Trademark Laws (June 2, 2008)
Revision Overview June 1, 2008 – The Japanese Patent Office (JPO) published a notice proposing a number of changes in the Japanese patent and trademark law. The goal is to accelerate and optimize the strategic exploitation of Intellectual Property Rights (IPR) with a particular emphasis on relieving the fee burden for small entity status applicants [...]
Retail and Wholesale Services Will Be Able to Register Their Service Mark In Japan Effective April 1, 2007 (February 21, 2007)
A revision in Japanese Trademark Law that passed the Diet in June 2006 will go into force in April 1, 2007. The new law will allow retail and wholesale service marks to be registered for the first time in Japan under International Class 35. The three months from the effective date will comprise a transitional [...]
The Japanese Patent Office Sets New Guidelines For Requesting an Extension to Reply to a ‘Notice of Reasons for Refusal’ Starting April 1, 2007 (February 20, 2007)
The Japanese Patent Office’s (JPO) has set new guidelines for applicants who request an extension on the time period to respond to a “Notice of Reasons for Refusal.” The new guidelines would apply not only to requests submitted on or after the enactment date of April 1, 2007, but also to applications for which a [...]