Japan・Tokyo・Kanagawa・Kawasaki・Yokohama・Yokosuka・Intellectual Property・Patents・Designs・Design patents・Trademarks・Servicemarks ・Copy Rights・Filing an application・Translation 【Sakano & Associates （Yokohama Kannai)】
    
Sakano & Associates
Patent Attorney
President
Hiroyuki Sakano
Prease see a profile
#601, M・P・S Kannai, 1-6 Sumiyoshi-cho, Naka-ku, Yokohama-city, Kanagawa,
Japan
231-0013
TEL : +81-45-227-5117
FAX: +81-45-227-5118
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・Patent
・Flow chart
・Explanation of the flow chart
・Application
・Publication of Unexamined Application
・Formality Examination
・Notice for Amendment
・Request for Examination
・Substantive Examination
・Notification of Reasons for Refusaｌ
・Filing an Argument
・Filing an Amendment
・Decision to Grant a Patent・Appeal Decision to Grant a Patent
・Patent Fee Payment
・Registration
・Extinguishment
・Decision of Refusal
・Appeal against Decision of Refusal
・Appeal a case
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| Explanation of the flow chart |
【Application】
Application means that a procedure to submit necessary documents to the
JPO to obtain a patent right. Japan has adopted the first-to-file system.
Therefore, it is advisable to file as soon as possible after a new invention
occurs to you.
Flow chart
| Publication of Unexamined Application |
【Publication of Unexamined Application】
Publication of Unexamined Application is a system that the content of an
application is opened after 18 months from the filing date of an patent
application.
【Formality Examination】
Formality Examination is a examination that an application document is
checked to see whether or not it fulfills the necessary procedural and
formal requirements.
As a result of the Examination, Notice for Amendment will be made if necessary
documents are missing or required sections have not been filled in.
【Notice for Amendment】
Notice for Amendment will be made if necessary documents are missing or
required sections have not been filled in.
If you do not file an amendment in designated period, the filed application
will be rejected.
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【Request for Examination】
The examination of patent applications shall be carried out upon a request
for examination. Request for Examination is a necesary request to be carried
out the Substantive Examination of the filed patent application by the
examiner （§48ter）.
Any application for which a request for examination has not been filed
within a period of three years from filing date will be regarded as withdrawal.
【Substantive Examination】
Substantive Examination is carried out by the examiner of the JPO, who
will decide whether or not the claimed invention should be patented. The
Examination is carried out for an application which has been filed a request
for examination.
| Notification of Reasons for Refusal |
【Notification of Reasons for Refusal】
Notification of Reasons for Refusal is a notification which is sent to the applicant, if the examiner finds reasons for refusal.（§50）
An applicant is able to submit an Argument and an Amendment with the JPO.
【Filing an Argument】
An Argument is a document claiming that the invention differs from the
prior art to which the notification of reasons for refusal refers.
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【Filing an Amendment】
An applicant who has received the notification of reasons for refusal shall
be given an opportunity to submit an Amendment of claims or specification.
| Decision to Grant a Patent |
【Decision to Grant a Patent】
Decision to Grant a Patent is a decision to grant a patent as the final
assessment of the examination stage in the case that no reasons for refusal
have been found or the reasons for refusal have been eliminated by filing
an Argument or Amendment.
【Appeal Decision to Grant a Patent】
Appeal Decision to Grant a Patent is a appeal decision to grant a patent
as the final assessment of the appeal examination stage in the case that
no reasons for refusal have been found or the reasons for refusal have
been eliminated by filing an Argument or Amendment.
【Patent Fee Payment】
The patent fee for each year from the first to third years shall be paid
in a lump sum within 30 days from the date of transmittal of the examiner's
decision or the appeal (trial) decision that the patent is to be granted.
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【Registration】
Provided that the applicant pays the patent fee, a patent is registered, and then, a certificate of patent will be sent to the applicant.
【Extinguishment】
The term of the patent right shall be 20 years from the filing date of
the application（§67）.
【Decision of Refusal】
Decision of Refusal is a decision which a patent application is to be refused
as the final assessment of the examination stage in the case that the reasons
for refusal have not been eliminated.
【Appeal Decision of Refusal】
Appeal Decision of Refusal is a decision which a patent application is
to be refused as the final assessment of the appeal examination stage in
the case that the reasons for refusal have not been eliminated.
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| Appeal against Decision of Refusal |
【Appeal against Decision of Refusal】
When dissatisfaction is in the decision of refusal of the examiner, the
applicant may appeal against the decision of refusal.
【Appeal a case】
When dissatisfaction is in the appeal decision of refusal of the examiner, the applicant may appeal against the appeal decision of refusal. An action against a appeal (trial) decision shall come under the exclusive jurisdiction of the Intellectual property High Court.
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