Japan has adopted the first-to-file system, i.e. the principle that where two parties apply for a patent for the same invention, the first party to file will be granted the patent. Accordingly, it is advisable to file as soon as possible after the invention. It is also advisable not to make the invention public before filing a patent application.
(3)Publication of Unexamined Application
(4)Request for Examination
(5)Deemed Withdrawal (No Request for Examination)
- Whether the claimed invention is based on a technical idea which utilizes a law of nature,
- Whether it has any industrial applicability,
- Whether the technical idea existed before the filing of the current application,
- Whether the claimed invention could have been easily invented by a person skilled in the art,
- Whether the application is the first to file,
- Whether the claimed invention is liable to contravene public order and morality, and
- Whether the descriptions in the specification conform exactly with the requirements for patentability.
(7)Notification of Reasons for Refusal
(8)Written Argument / Amendment
(9)Decision to Grant a Patent
(10)Decision of Refusal
(11)Appeal against Decision of Refusal
(12)Appeal Examination (against Decision of Refusal)
When it is judged as a result of appeal examination that the reasons for refusal was solved, an appeal decision to grant a patent is performed, and when the appeal examiners judge that the reasons cannot be canceled and the patent cannot be registered, an appeal decision of refusal is performed.
(13)Registration (Patent Fee Payment)
(14)Publication of Patent Gazette
(15)Appeal for Invalidation
(16)Appeal Examination (Invalidation)
If the appeal examiners judge that there is no flaw in the decision to grant a patent, they will make a decision to maintain the patent. If however they judge that the decision to grant was flawed, they will make a decision to invalid the patent right.
(17)Intellectual Property High Court