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Japanese patent law
Japanese patent law is based on the first-to-file principle and is mainly given force by the Patent Act (特許法, Tokkyohō) of Japan. Article 2 defines an invention as "the highly advanced creation of technical ideas utilizing the law of nature".
The definitive version of Japanese law is the text in the Japanese language. An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation", where one can search for Japanese laws and their unofficial English translation. Intellectual property (IP) laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there.
In addition, the Industrial Property Digital Library (IPDL) offers public access to IP Gazettes of the Japan Patent Office (JPO) free of charge through the Internet.
Reliable information on Japanese IP law in English is also provided by the websites of Intellectual Property High Court, Japan Patent Office, "Transparency of Japanese Law Project", European Patent Office, and Institute of Intellectual Property (IIP) of Japan. For more details, see "External links" at the bottom of this page.
Article 2, paragraph 1, of the Patent Act of Japan defines invention as "the highly advanced creation of technical ideas by which a law of nature is utilized". This definition was introduced in 1959 following German jurist Josef Kohler's definition. Although the substance of the definition is almost accepted, there is opposition against giving a definition of "invention" in a written law (in many other patent systems, invention is not defined directly).
In the generally accepted interpretation, the phrase highly advanced does not imply a requirement for an inventive step since the matter of inventive step is dealt with in Article 29, paragraph 2. The definition may have been included in light of the Utility Model Act of Japan which gives a definition of a device as "the creation of technical ideas by which a law of nature is utilized".
The procedures for obtaining a patent right in Japan are described in detail on the website of Japan Patent Office. The patent prosecution procedure under Japanese law is similar to that in most other patent systems. Article 39 states that a person who is the first to file an application for a patent for an invention may obtain that patent, rather than a different person who is the first to invent the same invention.
A patent may be granted for an invention if:
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Japanese patent law
Japanese patent law is based on the first-to-file principle and is mainly given force by the Patent Act (特許法, Tokkyohō) of Japan. Article 2 defines an invention as "the highly advanced creation of technical ideas utilizing the law of nature".
The definitive version of Japanese law is the text in the Japanese language. An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation", where one can search for Japanese laws and their unofficial English translation. Intellectual property (IP) laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there.
In addition, the Industrial Property Digital Library (IPDL) offers public access to IP Gazettes of the Japan Patent Office (JPO) free of charge through the Internet.
Reliable information on Japanese IP law in English is also provided by the websites of Intellectual Property High Court, Japan Patent Office, "Transparency of Japanese Law Project", European Patent Office, and Institute of Intellectual Property (IIP) of Japan. For more details, see "External links" at the bottom of this page.
Article 2, paragraph 1, of the Patent Act of Japan defines invention as "the highly advanced creation of technical ideas by which a law of nature is utilized". This definition was introduced in 1959 following German jurist Josef Kohler's definition. Although the substance of the definition is almost accepted, there is opposition against giving a definition of "invention" in a written law (in many other patent systems, invention is not defined directly).
In the generally accepted interpretation, the phrase highly advanced does not imply a requirement for an inventive step since the matter of inventive step is dealt with in Article 29, paragraph 2. The definition may have been included in light of the Utility Model Act of Japan which gives a definition of a device as "the creation of technical ideas by which a law of nature is utilized".
The procedures for obtaining a patent right in Japan are described in detail on the website of Japan Patent Office. The patent prosecution procedure under Japanese law is similar to that in most other patent systems. Article 39 states that a person who is the first to file an application for a patent for an invention may obtain that patent, rather than a different person who is the first to invent the same invention.
A patent may be granted for an invention if: