Practical points and outlines of the Japanese IP system as well as procedures
that should be noted for practitioners outside Japan
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What Should I Do When I Receive a Decision of Rejection from the JPO?
Brief Summary There are three options: 1. File an appeal against the Decision of Rejection 2. File a divisional application 3. Let the application lapse When an appeal is filed, a precautionary divisional application is frequently filed as a backup.1. Appeal deadlineForeign applicants must file an a
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When can I file a divisional application in Japan?
Brief Summary Foreign applicants can file a divisional application at the following times:1. Before an Office Action is issued2. Within the response period to an Office Action3. Within 30 days from issuance of a Decision of Allowance (except after a Decision of Rejection has been issued), but only b
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When can I Amend the Claims in Japan?
Brief Summary In general, you can amend the claims at the following times:1. before issuance of an Office Action2. within the response period to an Office Action3. at the same time as an appeal to a Decision of Rejection You can make corrections (post-grant amendments) after grant The applican
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How is Inventive Step Judged in Japan?
Brief Summary Three routes for denying inventive step Route (1): claimed invention = primary-cited invention + sub-cited invention(s) [motivation needed] Route (2): claimed invention = primary-cited invention + matter of design [motivation not needed] Route (3): claimed invention = primary-cited inv
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Procedures of Hague International Design Applications Designating Japan
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Post-Grant Opposition System in Japan
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Overview of Patent Infringement Litigation in Japan
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Amendment
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Employees’ Inventions
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Novelty and Inventive Step
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Divisional Applications
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Overview of Patent Prosecution
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Overview of Patent Obtainment Procedures