Japanese Patent Laws

• Japanese patent laws closely resemble German patent laws.finance offices in tokyo japan image by WH CHOW from Fotolia.com
  
  Every industrialized country has a patent office. Japan's patent laws have a couple of interesting and unusual features but are basically similar to the United States Patent and Trademark Office (USPTO) laws and the German patent laws--which they resemble most closely. Considering the amazing number of innovative ideas coming out of Japan these days, the Japanese patent laws are worth looking at.
  
  

Similarity to American Patent Laws

• Like the American system, the Japanese patent system is a "first-to-file" system. The first applicant to file a legal application owns the rights to the invention. This is very different from European and Australian patent laws. Other similarities to American law include the emphasis on novelty--the proposed invention must be new and it must be inventive. In other words, the idea must not be referred to in the patent literature or in any other literature. It also must not be obvious (i.e., it must be inventive) to anyone with normal skill in the art where the invention applies. These requirements are spelled out in Article 29 of the Japanese patent law.
  
  

Differences from American Patent Laws

• There is a phrase that forms the basis of all Japanese patent law: it defines a patentable invention as "the highly advanced creation of technical ideas by which a law of nature is utilized." This phrase is from German patent law. The Japanese Patent Office (JPO) also requires that the invention "not harm public order, morality or public health." These requirements are from Article 32 of the Japanese patent laws. This law is written entirely in Japanese with no official translation. However, there are several unofficial translations.
  
  

The Application Process

• The extended application process is the most unusual feature of the Japanese patent process. It begins very much like the American patent application process: a formal application that includes a description of prior art, claims, specifications and drawings, which are sent to the patent office. Then begins a long process in which a patent official may communicate with the inventor to request changes. If, after three years, the patent is not approved, the inventor can ask for a trial to resolve the issue. Currently, all applications must be made in Japanese. Recently, an exception has been made for applications filed in English, if a Japanese translation follows within 14 months of the filing date.
  
  

Protection

• After paying the annual fees for three years, the patent is protected for 20 years (Articles 66 and 67). During this time, the patent is protected in the sense that anyone who infringes on the patent can be legally required to stop and destroy all publications, equipment or devices based on the patent. As in the application process, a patent holder can call a trial on infringement issues that then become a matter of civil law.