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Japanese Patent Law |
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The rights that a nation grants its citizens for a certain time intervals in exchanging a revelation of an invention is called patents. All the countries have their own unique features of granting patents. Japanese patent law for example follows the principle of first to file.
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The Japanese patent law is based on the Patent act of Japan which has 204 articles. Article 2 of the act gives definition of invention as one of the advanced form of creation that deals with technical ideas which utilizes a law of nature. According to article 196, patent infringement is regarded as a crime.
The Japanese patent law was usually published in Japanese language. Later on the government of Japan decided to publish the law in English to enable all the nations to get an idea of the patent law of Japan. World Intellectual Property Organization published an English version of the patent law of Japan. Japanese Patent Office took the responsibility of publishing a reference translation.
Japanese patent law gives preference to the first person to file the patent. But before granting the patents certain points are taken into considerations. The invention must be applicable in the industrial sectors. The patent must be a novel one that is it should not be published anywhere before it is filed. If the patent is not inventive then it may not be applicable for patent.
The patent should keep in mind the public order and try not to hurt the morality or the public health. The statements made during the claim must be clear enough. The patent claims should be made in noun phrases and numbered expressions.
Japanese patent law also emphasizes the fact that while applying for the patent the applicant must convey a clear idea regarding the nature of invention and the minute details of it. Insufficiency in disclosure may result in the rejection of the patent. The persons applying for patent must see that his invention are in confirmity with the unity of the invention. The Patent Act of Japan also mentions that first person to file for the patent will be the most eligible one to get the same.
The act also provides a grace period of six months to carry out the experimentrations, presentation and publication of the invention in a trade fair. This opportunity is also provided to those applicants whose inventions are revealed before the stipulated period without their knowledge.
Article 36 of the Japanese Patent Act mentions that any person who intends to get a patent should submit an application to the commissioner of the Japan Patent Officewith the details, specification and any drawings if necessary. You can also submit the application in a foregin language. In that case your applications will be accepted only if you submit a Japanese translation within two months.
Japanese patent law has provision for a thorough examination of the patentswhich must be carried out under the supervision of a qualified examiner who is entitled to refuse the patent if there is any discrepancy.
For more information about patent log on to patentshub.com.
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