What are the contents of the practical guide to Japanese patent application?
What are the contents of the practical guide to Japanese patent application? When a foreign language writing system submits a patent application to JPO, in principle, it should submit a Japanese text. However, in order to facilitate applicants who apply for non-Japanese to have sufficient translation time, the Japanese Patent Law has a written application system for foreign languages (foreign languages refer to "English"). When a patent application is submitted to JPO in Japan through the Paris Convention or directly, if the foreign language written application system is to be used, the request for patent application still needs to be filled in Japanese, while the specification, patent claim and drawings can be submitted in English (only English text can be submitted), which is called a foreign language written application. The Japanese patent system allows the applicant to change the type of patent application in three patent applications: invention patent, utility model patent and design patent, and keep the original filing date. You can change the application type as long as you keep the identity of the application content. After the application type is changed, the original application will be regarded as withdrawn. When applying for type conversion, the subject requesting conversion must be the original applicant or the legal heir of the original applicant. In the case that the original application is the same application, all applicants must request conversion. When requesting conversion, you need to fill in the application form for type conversion and resubmit the new application documents. In Japan, after the patent right is authorized to be registered, the patentee can apply for revision. However, from the date when the patentee receives a copy of the request for invalidation to the date of invalidation, the patentee cannot apply for reexamination alone, but needs to make corrections through the request for reexamination. After the patent right is extinguished, you may also request a revision of the trial, but if all the claims are invalid after the invalid trial, you may not apply for a revision of the trial. Notice of examination opinions If the examiner finds that there are reasons for rejection in the application documents during the substantive examination, he will issue a notice of examination opinions to the applicant. In Japan, the notice of examination opinions (no matter how many times it is issued) is called "notice of reasons for rejection", which can be divided into "notice of reasons for preliminary rejection" and "notice of reasons for final rejection" according to the contents of the notice. The reason for this distinction is that the reply provisions of the two notices are different. Design System The Japanese design system is quite different from that of China. First of all, in Japan, the application for design needs to go through substantive examination. Besides, there are related design, partial design, secret design and dynamic design in Japan, which is different from China. According to the basic principle of patent law, only one patent right can be granted to the same invention-creation. When two or more people file patent applications for the same invention-creation, there are two principles: one is the principle of invention priority, and the other is the principle of application priority. The principle of prior invention means that if two or more people apply for a patent for the same invention-creation, the patent right shall be granted to the person who completed the invention-creation first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, only a few countries in the world such as the United States, Canada and the Philippines have adopted this principle. The principle of first application means that when two or more people apply for the same invention separately, the time of invention creation is not asked, but the time of filing the patent application is taken as the standard, that is, the patent right is granted to the first applicant, which is the practice adopted by most countries in China and the world. It should be noted that the American Patent Law, which came into effect on March 6, 20 13, changed the "rule of invention first" which has been implemented for more than 200 years into the "rule of inventor's application", but it is still different from the generally adopted "application first". Examination Procedures Different countries have different requirements for examination of patent applications, and basically two different systems are implemented. Some countries implement the formal examination system, that is, only examine whether the form of patent application meets the legal requirements, but not whether the invention meets the substantive conditions such as novelty. Some countries implement substantive examination system, that is, not only the form of application is examined, but also whether the invention has the conditions of novelty, creativity and practicality. Only inventions with the above patent conditions can be granted a patent right. China and most countries in the world adopt the substantive examination system. To sum up, patent application is particularly important for any of us who owns the product. Generally, other countries have strict requirements for practical application. Any link must have relevant documents, and you can't apply for anything. Therefore, in order to protect their legitimate rights and interests, we must deal with them formally.