In Japan, A&J International Patent Office performs and represents the following services to help clients secure and utilize patent rights, respond to disputes, and create value through intellectual property.
1. Prior-Art Search and Investigation for Patents
We conduct searches and investigations of relevant prior art for technology development, pre-filing prior-art searches, and other patent/utility-model prior-art research tailored to client needs, and provide expert legal assessments.
The required period varies with the subject and scope of the search, but typically takes about two weeks.
2. Patent Filing and Registration
(1) Filing
After consulting on and understanding the invention, we prepare and review the specification and drawings so that the client secures the broadest possible scope of rights, then proceed with filing. For the national phase of PCT applications, our specialist staff provide fast and accurate translation to fully capture the client’s rights.
(2) Request for Accelerated Examination
Accelerated examination may be requested for applications meeting certain requirements. When requested, registration typically takes about six months from the date of the accelerated-examination request.
(3) Office Action Response
Through thorough analysis of the grounds for refusal and the technical content, we provide reasonable judgments to secure the client’s rights.
(4) Oppositions and Responses
In filing oppositions against third-party applications or responding to third-party oppositions, we work to achieve the best outcome for the client through multifaceted review.
(5) Term of Rights
Once a patent application is allowed and the registration fee is paid, the patent is registered; the term of a patent right is 20 years from the filing date. Rights are maintained by paying annual fees each year after registration, and A&J also handles annuity payments on the client’s behalf.
3. National-Phase Entry of PCT Applications
Entry into the Japanese national phase of a PCT application must occur within 30 months from the priority date. A&J ensures full protection of client rights through fast and accurate translation by specialist staff. If translation is delayed, a system allows the submission of the translation to be extended by two months.
4. Trials and Litigation
In oppositions against third-party applications, responses to third-party oppositions, appeals against refusal, invalidation trials and litigation, we pursue the best outcome for the client through multifaceted review of the technical content of both the applicant and the opposing party.
In Japan, A&J International Patent Office performs and represents the following services to help clients secure and utilize utility-model rights, respond to disputes, and create value through intellectual property.
1. Prior-Art Search and Investigation for Utility Models
We conduct searches and investigations of relevant prior art for technology development, pre-filing prior-art searches, and other patent/utility-model prior-art research tailored to client needs, and provide expert legal assessments.
The required period varies with the subject and scope of the search, but typically takes about two weeks.
2. Utility-Model Filing and Registration
(1) Filing
After consulting on and understanding the invention, we prepare and review the specification and drawings so that the client secures the broadest possible scope of rights, then proceed with filing. Japan adopts a non-examination system for utility-model registration, in which registration is granted after a formality examination only. Therefore, registration can be obtained even when one is not confident of obtaining rights. Mutual conversion between patent and utility-model applications is also possible.
(2) Oppositions and Responses
In filing oppositions against third-party applications or responding to third-party oppositions, we work to achieve the best outcome for the client through multifaceted review.
(3) Term of Rights
Once a utility-model application is allowed and the registration fee is paid within 30 days from the date of receiving the decision of registration, it is registered; the term of a utility model is 10 years from the filing date. Rights are maintained by paying annual fees each year after registration, and A&J also handles annuity payments on the client’s behalf.
3. National-Phase Entry of PCT Applications
Entry into the Japanese national phase of a PCT application must occur within 30 months from the priority date. A&J ensures full protection of client rights through fast and accurate translation by specialist staff. If translation is delayed, a system allows the submission of the translation to be extended by two months.
4. Trials and Litigation
In oppositions against third-party applications, responses to third-party oppositions, appeals against refusal, invalidation trials and litigation, we pursue the best outcome for the client through multifaceted review of the technical content of both the applicant and the opposing party.
In Japan, A&J International Patent Office performs and represents the following services to help clients secure and utilize trademark (service mark) rights and respond to disputes.
1. Prior-Trademark Search
We assist with trademark selection for the client’s business and conduct searches for prior or registered trademarks before filing, along with other prior-trademark searches and investigations tailored to client needs, and present expert opinions.
The required period varies with the subject and scope of the search, but typically takes about two to five days.
2. Trademark Filing and Registration
(1) Documents Required for Filing
Applicant information (name, address, etc.), application form, the trademark and designated goods, and priority documents if priority is claimed.
(2) Procedure and Timeline from Filing to Registration
Filing – Examination – (Notice of Reasons for Refusal – Office Action Response) – Publication – Decision of Registration – Registration. Registration typically takes within one year from the filing date.
(3) Request for Accelerated Examination
Accelerated examination may be requested for applications meeting certain requirements. When requested, registration typically takes about four to six months from the date of the request.
(4) Term of Rights
Once a trademark application is allowed and the registration fee is paid, it is registered; the term of a trademark right is 10 years from the registration date and can be renewed for successive 10-year periods through renewal applications.
3. International Registration under the Madrid System and O.A. Response
For trademarks, international registration under the Madrid Agreement is available, and A&J also represents clients in international trademark registration through the Madrid System. When Japan is designated and an Office Action is received from the Japan Patent Office (JPO), a Japanese representative must respond; A&J represents clients to deliver the best possible Office Action response through thorough analysis and consideration of multifaceted solutions.
4. Oppositions, Trials and Litigation
In oppositions against third-party applications, responses to third-party oppositions, appeals against refusal, invalidation trials, cancellation trials and litigation, we pursue the best outcome for the client through multifaceted review.
In Japan, A&J International Patent Office performs and represents the following services to help clients secure and utilize design rights and respond to disputes.
1. Design Filing and Registration
(1) Documents Required for Filing
Applicant information (name, address, etc.), creator information (name, address, etc.), application form, the article and drawings, and priority documents if priority is claimed.
(2) Procedure and Timeline from Filing to Registration
1) Design filing: Filing – Examination – (Notice of Reasons for Refusal – Office Action Response) – Decision of Registration – Registration. Registration typically takes about one year from the filing date. 2) Request for accelerated examination: Accelerated examination may be requested for applications meeting certain requirements; when requested, registration typically takes about six months from the date of the request.
(3) Term of Rights
Once a design application is allowed and the registration fee is paid, it is registered; the term of a design right is 20 years from the registration date.
2. Trials and Litigation
In appeals against refusal, invalidation trials, cancellation trials and litigation, we pursue the best outcome for the client through multifaceted review.
As set out below, A&J International Patent Office also represents clients in Japanese customs procedures related to intellectual property, such as applications for suspension of import and customs clearance, and handles registration of plant seeds and varieties.
1. Customs IP Services
A&J represents clients in Japanese customs procedures – such as applications for suspension of import and customs clearance – relating to the control of goods that infringe, or are suspected of infringing, intellectual property rights such as patents and trademarks at Japanese customs. In particular, we represent Korean companies in IP-related matters at Japanese customs.
That is, on the rightsholder side we assist with procedures such as provisional dispositions to prohibit import, and on the importer side we help when cargo has been unfairly detained at customs or is at risk of being detained. We also prepare and submit the expert opinions and written opinions required for such procedures.
2. Plant-Variety Registration Filing
To support our clients’ development and protection of new plant varieties, A&J represents them in filing for variety registration and registration of the denomination of new plant varieties with the Ministry of Agriculture, Forestry and Fisheries of Japan. We prepare and submit the application forms, written opinions and other documents required during examination, publication and cultivation testing. Please feel free to consult us in detail regarding the procedures and requirements.
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