General questions
Q Do I have to pay for consulting your firm?
A No, basically, you can consult us for free.
Q Can I consult you by email?
A First, you can send us an email. We will promptly propose a consultation, for example a face-to-face interview, based on the content of your email.
Q I am thinking about filing a patent application in Japan. How much will it cost (approximately)?
A Please follow this link.
Q I am thinking about filing a trademark application in Japan. How much will it cost (approximately)?
A Please follow this link.
Patents
Q After a request for filing a patent application, how soon can this patent application be filed?
A Since it can depend on the case, please feel free to contact us.
Q After filing a patent application, how long will it take to obtain the patent rights?
A Various processes will be carried out from the filing time of the patent application to the request for examination, or until the substantive examination is carried out and you get an examination assessment. On average, it will take about 4 years.
Q How is a prior art search conducted?
A Basically, it is conducted on the internet. From the keywords of the invention, we conduct a thorough search to check whether there are similar inventions in the prior art.
Q If I cannot find any related patent after conducting my patent search, does it mean that the patent rights will be easily secured?
A Sometimes, the examiner of the Patent Office will cite references of inventions from different technical backgrounds, or he/she will deny the novelty or inventive step of technical creations, considering that they are easy. In those cases, we will need to explain to him/her the novelty or inventive step of the invention through a written argument or by conducting an interview.
Q What are the so-called “claims”?
A The “claims” of the Patent Cooperation Treaty (PCT) correspond to the “scope of the patent claims” according to the Japanese Patent Law.
According to the definition found in Article 70 of the Japanese Patent Law, the technical scope of a patented invention shall be determined on the basis of the description of the scope of the patent claims.
Q What are the established requirements for an invention?
A In Japan, Article 2, paragraph 1 of the Patent Law defines an invention as “the highly advanced creation of technical ideas by which a law of nature is utilized”. Thus, the invention must meet this criterion.
Q Until when is it possible to file a request for examination of the application?
A The request has to be filed within 3 years from the filing date of the application.
Q How long does it take for an application to be published after its filing?
A It takes about 1 year and a half from the filing date of the application.
Q Is it also possible to have more than one applicant and inventor?
A Yes, it is possible to have more than one applicant and inventor.
Q Are patent rights universal?
A Since every country has its own patent law, you need to get the rights in each country (region), independently, in order to claim protection in each of those countries (regions).
Trademarks
Q How long does it take from the filing of a trademark application to its registration?
A On average, it takes approximately 7 months.
Q What is the period of validity of a registered trademark?
A If the registration is renewed after each deadline, trademark protection can hold forever. You will need to renew the registration every 10 years.
Q Before using a trademark, is it necessary to conduct a trademark search?
A Yes, it is necessary to conduct a trademark search. A trademark aims at maintaining the credibility of the business run by its owner. Therefore, in case the trademark is found to be the same or similar to the prior application of another party in the designated products or services, it will not be possible to register the trademark.
Q Upon requesting a trademark application, do I have to request necessarily a trademark search?
A No, you do not have to request a trademark search. It is possible for you to conduct the search on your own.
Q How is a trademark search conducted?
A From the keywords of the invention, we check whether there are prior inventions, similar trademarks or designs on the internet.
