Japan Patent Office ("JPO")

The Japan Patent Office (JPO) is the administrative authority responsible for granting and administering patents, utility models, designs and trade marks in Japan. Attached to the Ministry of Economy, Trade and Industry, it is one of the largest offices in the world by volume of applications examined, and it acts as receiving office, International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty.

Patent grant procedure

Filing an application does not trigger substantive examination. The applicant must file a request for examination within three years of filing, failing which the application is deemed withdrawn. The examiner assesses novelty, inventive step and industrial application by criteria comparable to those of the European Patent Convention, and issues notices of reasons for refusal, to which the applicant replies with arguments and amendments. A final refusal may be challenged before the Office’s appeal board and then before the Intellectual Property High Court. After grant, any person may file an opposition within six months of publication of the patent, and an invalidation action may be brought before the Office throughout the life of the patent. The Office also offers accelerated examination and takes part in fast-track programmes based on the work of a first office, including those concluded with the European Patent Office and with INPI.

Other rights administered

Utility models are granted without substantive examination and protect the shapes and structures of articles for a shorter term than patents, the holder being required to obtain a technical evaluation report from the Office before suing for infringement. Trade marks are examined on both absolute and relative grounds, the Office searching for earlier rights of its own motion, and Japan is a member of the Madrid Protocol.

Practical relevance for a French rightholder

A French rightholder enters Japan through a national application claiming Paris Convention priority or, most often, through the national phase entry of an international application, which must take place within thirty months of the priority date and be accompanied by a Japanese translation. The quality of the translation determines the scope of protection. Foreign applicants must use a registered Japanese patent attorney. The Office provides a public database, with machine translation into English, which is useful for prior art searches and for monitoring Japanese competitors.

Key points

The Japan Patent Office grants patents after substantive examination, which must be requested within three years of filing, and it hears oppositions and invalidation actions. A French rightholder reaches it by the national route or through the national phase of an international application, with a Japanese translation. The deadline for requesting examination should be monitored, the quality of the translation checked and accelerated processing considered where a European patent has already been granted for the same invention.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. When the question arises in a real case, the right moment is almost always before proceedings are issued.

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