Revision of Japanese IP Law http://skypatent.com/



Revision Histry of the Japanese Patent Law, Utility Model Law, Design Law, Trademark Law is shown.
This histrory is useful for responding Office Action.

2001.10.1
(H13.10.1)

Shortening the term of Request for Examination
Request for examination should be filed within 3 years after filing the application.

2000.3.14
(H12.3.14)

International Trademark Application (Madrid Protocol)
* Similar to the PCT patent application, it is possible to file many foreign trademark applications with one procedure.

2000.1.1
(H12.1.1)

Revision of Some Articles of Patent Law
* Novelty made available to the public through electric telecommunication lines.
* Novelty standard has become worldwide
* Remedy for violation of infringement
* Review of extension system of patent right
* Addition of reduction and reprieve for legal entities

2000.1.1
(H12.1.1)

New Electronic Filing System for Trademark and Design
* Design, Trademark and PCT applications can be filed through electric filing system.

1999.4.1
(H11.4.1)

Patent Fee shared by Nation and Companies
* The nation also has to pay the patent fee for its equity.

1999.1.1
(H11.1.1)

New Design Law
* Partially design and Related design system are introduced.

1999.1.1
(H11.1.1)

Reinforcement of Penalty
* Limit of penalty for legal entities is increased up to \150,000,000 (former \5,000,000)

1997.4.1
(H9.4.1)

Trial for non-use ot the trademark
* The trademark registration can be canceled by cancellation trial if the registered trademarks are not in use for more than 3 years.

1997.4.1
(H9.4.1)

Trademark Registration Fee can be paid by installment
* Trademark registration fee can be paid by installation.

1997.4.1
(H9.4.1)

Post-grant Opposition(Trademark)
* Oppositions should be filed within 2 months after the publicaiton of Trademark Gazette is issued.

1997.4.1
(H9.4.1)

New Trademark Law is effective as follows:
Many Classes can be included in one application
* One or more classes of goods or services can be designated in one application.

1996.1.1
(H8.1.1)

Accelarated Examination System
* (This system is not effecteive at present)

1996.1.1
(H8.1.1)

Post-grant Opposition System (Patent)
* All patent term are calculated from the filing date of the application.

1995.7.1
(H7.7.1)

Restoration of patent right
* The patent fee can be paid with additional fee after the patent right is expired.

1995.7.1
(H7.7.1)

Requirement for specification is revised
* Items in the specification are changed, which will easily conform with the foreign specification. For example, item "effect of the invention"becomes arbitrary description.

1995.7.1
(H7.7.1)

Foregin Language File System
* For urgent filing from foreign country, English language specification can be filed. But after filing it is necessary to file translation within two months.

1995.7.1
(H7.7.1)

Patent term is changed to 20 years from filing date
* All patent term are calculated from the filing date of the application.

1994.1.1
(H6.1.1)

New Utility Model
* Small patent can be protected easily. On the other hand, the right of the Utility Model becomes unstable.

1994.1.1
(H6.1.1)

Limited Amendment
* The early examination is expected, but the amendment after filing is strictly limited.

1992.4.1
(H4.4.1)

Servicemark System
* Servicemark System is a long waited System.

1990.12.1
(H2.12.1)

Electronic Filing System
* Electric Filing System is introduced for Patent System and Utility Model System using specific electronic terminal. From 1998.4.1, it become possible to file using personal computer.

1988.1.1
(S63.1.1)

Many kinds of inventions can be included in one application
* Many inventions can be included in one application.

1985.11.1
(S60.11.1)

Priority claim based on domestic application
* Within a year after filing a domestic application, the applicant can file another application based on the prior domestic application.

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