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Patent
A patent is an exclusive right to practice an invention of "Product", "Method," or "Process" for a specified period of time.
However, the invention to be patented must not be something that is already known, but rather something that would not have been conceived of by a person of ordinary skill in the art.
The benefits of obtaining patent rights include the ability to "exclusively practice the invention for a maximum of 20 years from the filing date" and to claim injunctions and damages against infringers.
Service Details
- Various procedures from filing to obtaining patent rights
- Searches for prior art, infringement, and invalidation documents
- Provision of information and oppositions
- Assistance in litigation for revocation of trial decisions, etc. and infringement suits
- Consulting on corporate intellectual property management
- Various procedures from filing to obtaining patent rights in foreign countries
- Patent Translation
Process to obtain a patent right
- (1)
Hearing - Our patent attorneys will interview you about the details of the invention for which you are filing a patent application. We can conduct interviews either online or visit, depending on your request.
- (2)
Prior art search - Based on the information provided at the hearing, we will conduct a prior art search. Based on the results, we will examine and report on the patentability and the scope of rights at the time of filing.
- (3)
Preparation of application documents - We prepare the application documents for the invention for which you are filing a patent application.
- (4)
Patent application - We submit the application documents prepared in step (3) to the Japan Patent Office.
- (5)
Request for application examination - In order to have the JPO examine the application, we will file a "request for examination of the application" within 3 years from the filing date of the application. If the request for examination is not filed on time, the application will be withdrawn.
- (6)
Response to Examination - If a reason is found during the examination that a patent cannot be granted, an "Office Action" is issued stating the reason. The applicant may file a response to the office action and may also file an amendment.
- (7)
Patent Decision - If the JPO examines the application and determines that the application is eligible to be patented, an allowance is issued.
- (8)
Registration of establishment(issuance of patent certificate) - Once the allowance is made and the patent fee is paid, the patent becomes effective when it is entered in the Patent Register. At that time, a patent number is assigned and a patent certificate is sent to the applicant.
Utility Model
A utility model is a right to practice exclusively on a device relating to "the shape, structure or combination of articles" for a specified period of time.
The benefits of obtaining patent rights include the ability to exclusively practice the device for a maximum of 10 years from the filing date. In addition, the time to obtain a right is relatively short because there is no examination by an examiner, and the application and registration fees required to obtain a utility model right are less expensive than those for a patent right.
Service Details
- Various procedures from filing to obtaining of utility model rights
- Investigation of prior art, infringement and invalidation materials
- Providing information and filing oppositions
- Assistance in litigation for revocation of trial decisions, etc. and infringement suits
- Consulting on corporate intellectual property management
- Various procedures from filing an overseas application to obtaining a utility model right
- Technical translation
Process to obtain a utility model right
- (1)
Hearing - Our patent attorneys will interview you about the details of the device for which you are applying a utility model. We can conduct interviews either online or visit, depending on your request.
- (2)
Prior art search - Based on the information provided at the hearing, we will conduct a prior art search. Based on the results, we examine and report on the possibility of filing an application for a utility model and the scope of rights at the time of filing.
- (3)
Preparation of application documents - We prepare the application documents for the device for which you are filing file a utility model application.
- (4)
Filing of application for utility model registration - We submit the application documents prepared in step (3) to the JPO.
- (5)
Registration of establishment(issuance of a certificate of utility model registration) - The acquisition of the utility model right is completed and the registration gazette and utility model certificate are issued.
Trademark
A trademark is a name or mark (an identifying sign) used by a provider of goods or services to distinguish itself from others. Once a trademark right is obtained, the name or mark can be used exclusively for the designated goods or services.
The benefits of obtaining trademark rights include the ability to "protect your brand" and to claim injunctions and damages against infringers.
Trademark rights last for 10 years and can be extended semi-permanently by filing a renewal application.
Service Details
- Various procedures from filing to obtaining trademark rights
- Searches for registered trademark, infringement, and invalidation documents
- Provision of information and oppositions
- Assistance in litigation for revocation of trial decisions, etc. and infringement suits
- Consulting on corporate intellectual property management
- Various procedures from filing to obtaining trademark rights in foreign countries
Procedures for obtaining trademark rights
- (1)
Hearing - Our patent attorneys will interview you about the details of the trademark which you are applying for. We can conduct interviews either online or visit, depending on your request.
- (2)
Registered trademark search - Based on the information provided, we will search for registered trademarks. Based on the results, we examine and report on the possibility of filing a trademark application and the scope of rights at the time of filing.
- (3)
Preparation of application documents - We prepare the application documents for the trademark which you are applying for.
- (4)
Trademark application - We submit the application documents prepared in step (3) to the JPO.
- (5)
Response to examination - If a reason is found during the examination that a trademark cannot be registered, an "Office Action" is issued stating the reason. The applicant may file a response to the office action and may also file an amendment.
- (6)
Registration Decision - If the JPO examines the application and determines that the application is eligible for registration, an allowance is issued.
- (7)
Registration of establishment(issuance of patent certificate) - Once the allowance is made and the registration fee is paid, the trademark registration becomes effective when it is registered in the trademark register. At that time, a trademark registration number is assigned and a trademark registration certificate is sent to the applicant.
Design
A design right is an exclusive right to use a product or product design, such as an object, building, or image, for a certain period of time.
Obtaining a design right provides advantages such as "deterring counterfeit or copied products" and "differentiation from other designers' designs.
Copyright also exists as a design right, but copyright protects pure works of art such as paintings, while design right protects industrial designs that are supposed to be mass-produced as products.
Service Details
- Various procedures from filing to obtaining design rights
- Searches for prior design, infringement, and invalidation documents
- Assistance in litigation for revocation of trial decisions, etc. and infringement suits
- Consulting on corporate intellectual property management
- Various procedures from filing to obtaining design rights in foreign countries
Procedures for obtaining design rights
- (1)
Hearing - Our patent attorneys will interview you about the details of the design you are applying for. We can conduct interviews either online or visit, depending on your request.
- (2)
Prior research - Based on the information provided, we will search for registered trademarks. Based on the results, we examine and report on the possibility of filing a design application and the scope of rights at the time of filing.
- (3)
Preparation of application documents - We prepare the application documents for the design which you are applying for.
- (4)
Filing of the design application - The application documents prepared in step (3) are submitted to the JPO.
- (5)
Response to examination - If a reason is found during the examination that a design cannot be registered, an "Office Action" is issued stating the reason. The applicant may file a response to the office action and may also file an amendment.
- (6)
Registration Decision - If the JPO examines the application and determines that the application is eligible for registration, an allowance is issued.
- (7)
Registration of establishment(issuance of patent certificate) - Once the allowance is made and the registration fee is paid, the design registration becomes effective when it is registered in the design register. At that time, a design registration number is assigned and a design registration certificate is sent to the applicant.
Customs Injunction
Goods that infringe intellectual property rights can be subject to border enforcement (at the time of import or export) at customs. Such goods include those that infringe patent rights, utility model rights, design rights, trademark rights, copyrights, neighboring rights, and plant breeders’ rights, as well as goods that constitute acts of unfair competition.
Once the injunction petition is accepted, the infringing or counterfeit goods that are the target of the injunction will be stopped at customs in Japan if an attempt is made to import or export these goods. Filing a petition for injunction requires that the goods in question be infringing or counterfeit goods.
Service Details
- Expert opinion on whether the goods that are the target of the injunction fall under the category of infringing or counterfeit goods
- Preparation of documents containing prima facie evidence and expert opinions to be submitted to customs when filing a petition for injunction
- Representation in all procedures related to filing the injunction petition with customs
Procedure Until the Injunction Petition Is Accepted
- (1)
Hearing - Our patent attorneys will conduct a hearing on the details of the goods that you wish to seek a customs injunction against. We will accommodate you with an online or in-person meeting, according to your preference.
- (2)
Determination of Infringement - Based on the information obtained during the hearing, we will assess whether the goods against which the injunction is sought fall under the category of infringing or counterfeit goods. If we determine that the goods do meet the conditions, we will report the results to you and advise you to file a customs injunction petition.
- (3)
Preparation of Petition Documents - If you decide to proceed with the customs injunction petition, we will prepare prima facie evidence, expert opinions, or all documents necessary for the petition, depending on the level of service you require.
- (4)
Consultation with Customs - We will consult with customs regarding the injunction petition. Such consultations may be held with any of the nine regional customs headquarters in Japan. A pre-filing consultation with customs is also possible before preparing the petition documents.
- (5)
Submission of Application Documents - A draft of the petition documents will be sent back and forth between our patent attorneys and customs multiple times. Once all deficiencies are resolved, the documents will be considered complete and formally accepted as a customs injunction petition.
- (6)
Examination by Customs - The accepted petition will be examined by customs. If no deficiencies, in form or content, are found, customs will initiate nationwide border enforcement measures based on the information described in the petition documents.