Takaoka IP provides news articles on Japanese patents and trademarks, including frequently asked questions and information on the latest legal revisions. Here, we have compiled links to articles by category that you should definitely keep in mind when handling Japanese patents. Please bookmark this article and use it whenever necessary.
Basic: Articles that provide information on the basic procedures and main points to note.
1. Five Points to Consider When Entering PCT Applications into the National Phase in Japan
This article provides information on the procedures for entering a PCT application into the national phase in Japan, focusing on five frequently asked questions.
2. Flow of Japanese Patent Examination
This article outlines the examination process for a Japanese patent applications. The model case illustrates the entire process, highlighting key deadlines and associated expenses.
This guide outlines the key features and operations that English-speaking users can effectively utilize J-Plat Pat, which is online platform for accessing Japanese patent and trademark gazettes, application status, and related information. While the primary interface is in Japanese, many functions are accessible to English users through machine translation features.
OA：Articles to check when responding to reasons for rejection
4. Specific Examples of Violations of Support Requirements and Suggested Responses
This section introduces possible responses to Japanese support requirements, which are registration requirements that are often pointed out as reasons for refusal, mainly in the fields of chemistry and medicine, along with specific examples.
5. Specific Examples of Japanese Enablement Requirements and Points to Consider
As with the support requirement, the feasibility requirement is often pointed out as a reason for refusal, and we introduce specific examples and possible responses.
6. Treatment of Medical-Related Inventions in Japanese Patents
Under Japanese examination criteria, a method of operating on, treating, or examining a human being is not considered an “invention that can be industrially exploited (industrial applicability*; Article 29.1, Pillar 1 of the Japanese Patent Law)” and is not eligible for patent protection. In addition to explaining the Japanese criteria, this article explains when it is possible to protect inventions with substantially similar concepts by describing them as inventions of things, such as a second pharmaceutical use invention.
JP：Articles where you can check points specific to Japanese patents
In Japan, there is a specific system whereby the scope of possible amendments is narrowed if an Article 50bis notice is given for a divisional application. The disadvantages of receiving such a notice are explained in detail.
8. JPO Announces Suspension of Examination for Divisional Patent Applications
This article informs you about the new measure regarding the examination of divisional applications that started in 2023. Since the start of this measure, many patent applications have taken advantage of this measure.
9. Restriction of Multi-Multi Claims in Japan and Asia
The JPO has initiated a multi-multiple claim restriction, which will also apply to PCT applications with an international filing date on or after April 1, 2022 for domestic entry into Japan.
SP：Articles that provide information on precautions for special circumstance cases.
10: Procedures for Seeking the Application of Exceptions to Lack of Novelty of Invention
When filing patent applications in Japan, applicants must be acutely aware that no remedial measures exist if the necessary documentation for exceptions to lack of novelty is not submitted during PCT national phase entry. This article outlines critical considerations for applying these exception provisions, detailing the filing requirements and essential information needed for evidentiary documentation.
11: Appeal against decision of refusal for patents
We provide information on the procedural flow in appeals against examiner’s decision of refusal, as well as data.
12: How to expedite the examination of your patent application
This article provides information on the systems available in Japan for patent applications that you wish to expedite the examination of your patent application, along with statistical data.
