At our patent office, we will be able to assist you with the application procedures and protection of intellectual property rights in Europe and Japan, and will be able to quickly and appropriately respond to your various requests. We have opened the EPO/EUIPO Support Office.
The EPO/EUIPO Support Office provides prompt and appropriate advice in response to your requests, questions, and consultations regarding intellectual property rights in Europe, as well as providing a variety of high-quality services. We aim to be helpful to everyone.
Currently, dedicated staff are assigned to the EPO/EUIPO Support Office, and while coordinating with related staff as appropriate, we are creating a system that can support European customers in acquiring intellectual property rights in Japan, as well as Japanese customers. We have established a system that can support operations such as acquiring intellectual property rights in Europe.
If you have any requests, questions or consultations regarding intellectual property rights in Europe or Japan, please feel free to contact our EPO/EUIPO Support Office. All the staff at the EPO/EUIPO Support Office are looking forward to hearing from you.
EPO/EUIPO Support Office Manager Yasutaka Okabe
table of contents
System comparison
A simple comparison of patent laws in Japan, the UK, and the US
| J.P. | EPC | US | |
| Reasons for non-patentability | Violation of public order and morals | ・Discovery, scientific theory, mathematical method, artistic creation, mental act, computer program, presentation of information, surgery or treatment ・Violation of public order and morals, plant/animal variants
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There are no special provisions in the Patent Act. |
| definition of invention |
Advanced creation of technical ideas using natural laws |
Items that can be used industrially Items that can be produced or used in industrial fields including agriculture | new and useful machines, products, processes, compositions and their improvements; |
| Novelty | ･Not disclosed in prior art ･Publications, publicly known and publicly available worldwide ･Exception for loss of novelty is 6 months |
･Does not form part of the technical level ･Publications, publicly known and publicly available worldwide ･Exception for loss of novelty is 6 months |
･Disclosed in the prior art before the invention date Not in ･Publications are available worldwide, public information is available in the United States. ･Grace period is one year |
| Inventive step (non-obviousness) | A patent is granted if the invention could not be easily made by a person skilled in the art | Patents are granted to inventions that can be used industrially and are novel and inventive. | A patent is granted when the difference between the subject matter of the invention and the prior art is not obvious as a whole to a person skilled in the art at the time of invention |
| Examination criteria | - Inventive step is denied if it can be logically determined whether or not a person skilled in the art could have easily arrived at the invention after understanding the state of the art. ・ Is it possible to compare the claimed invention and the cited invention, clarify the similarities and differences, and deny the existence of an inventive step based on common technical knowledge? - Is it a simple design change, a collection of publicly known technologies, or is there a motive behind the cited invention? ・ The description of advantageous effects in the specification takes into account the affirmation of inventive step. |
・Does it exceed the normal progress of technology? ・The invention must be interpreted as a whole and whether it is obvious as a whole. ・ Is it just a collection of known technologies? ・Issue/solution approach (1) Identification of the closest prior art (2) Identifying objective technical issues (3) Would-Could approach (4) Combination of prior art |
・Judgment based on precedent
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Design system simple comparison table
| Europe | Japan | |
| Protection target | The scope of protection is wide-ranging, including icons, typefaces, logos, graphic characters, buildings, and store designs. Even if something is not eligible for design protection in Japan, it may be broadly protected as a design in Europe. | With the revision of the Design Law, images (subject to certain requirements), buildings, and interior designs are now subject to protection under the Design Law. Therefore, icons, buildings, store designs, etc. are protected under design law, just like in Europe. However, typefaces, logos, and graphic characters that are not associated with goods are not protected. |
| Examination system | Unregistered Community Design (UCD)The requirement for rights to arise is that it has become available to the public through publication within the EU.Unregisteredprotect your design. This provision is similar to Article 2, Paragraph 1, Item 3 of Japan's Unfair Competition Prevention Act. Registered Community Design (RCD) Apply to EUIPO (European Union Intellectual Property Office), etc.be registeredThis gives rise to rights. Here, we will mainly explain this RCD. |
All applied designs undergo a formal examination and a substantive examination. |
| Examination period | The examination process is very fast, and if you apply electronically, it will be registered within about a week. Furthermore, if you have all the necessary documents such as a priority certificate, your application will be registered within 1 days. If you want to keep your design private until the product launch,Public notice postponement systemmust be used. | It takes about 6 to 7 months on average. |
| Examination contents | Partial examination principle Only two criteria are examined: (2) whether it falls under the legal “design” and (XNUMX) whether it violates public order and morals, and in reality, it can be said that there is almost no examination. Novelty, originality, etc. are not subject to examination, but are determined by the invalidation trial. |
Your application will be examined to see if it falls under any of the reasons for refusal. (Eligibility as a design, novelty, ease of creation, violation of public order and morals, etc.) If these are violated, the application will be rejected. |
| Registration requirements | Novelty Whether it would have been known to a person skilled in the art within the European Union, is determined by whether they are substantially the same. |
Novelty Designs that are publicly known in Japan or abroad, are described in distributed publications, or are available to the public through telecommunications lines cannot be registered, and the decision is made by the consumer. |
| uniqueness Prior designs and Community designs that became available to the public before the filing date (priority date) areinformed userA product is judged to be unique if it creates a "different overall impression" for (informed users). Also,Consider the freedom of the designerThe decision is made based on whether or not there are parts in common that the designer can design freely (parts other than the functionally determined shape). |
difficulty of creation Before filing an application for design registration, a person with ordinary knowledge in the field to which the design pertains must identify shapes, patterns, etc. (including abstract motifs unrelated to the article) that are publicly known in Japan or abroad. A design that could be easily created based on the above cannot be registered as a design. This applies to designs that merely replace some of the constituent elements of a design with other designs, and designs that are simply a collection of multiple designs combined. The person making the decision is a person skilled in the art, such as a designer. |
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| Design based on technical functionality External features that have only a technical function are not recognized as design rights, and even if it is proven that there is an alternative design with a similar function, such design rights will not be recognized. Interlocking (must fit) design Must-fit designs, such as plugs and sockets, that are manufactured in a shape that is necessary for each product to perform its function by being connected to other products are not permitted. |
Design based on technical functionality The object of protection for a design right must be something that evokes a sense of beauty through the sense of sight, but it does not need to be exquisitely beautiful like a work of art; it is sufficient if it evokes some kind of sense of beauty. Therefore, items that only have aesthetic appeal based on function are also recognized as subject to design registration. However, there are designs that consist only of shapes (necessary shapes) that are necessarily determined to ensure the technical function of the product, such as reflectors for satellite broadcasting antennas, and designs that are designed to ensure compatibility of the product, such as JIS standards. Designs that consist only of shapes (semi-necessary shapes) determined by standards standardized for this purpose are not permitted. |
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| Visibility of internal structure of composite products A "composite product" consisting of multiple component parts that can be replaced, disassembled, and reassembled,“Normal use” by end usersDesigns with internal structures that cannot be visually recognized are not permitted. (Even if it is visible only during repairs, it cannot be registered.) For example, car parts under the hood are not protected. |
Visibility Even if a design is for a part that is not visible during normal use by an end user, it will be recognized as a design if it is visible during distribution. Therefore, things like car parts under the hood are also protected. |
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| Exception to loss of novelty | grace period This is a provision that corresponds to the exception to loss of novelty in Japan, and no special procedures are required even if the creator (successor) etc. has made the product available to the public within 12 months before the filing date (priority date). However, the judgment of novelty and originality will not be affected. |
Exception to loss of novelty If it is within six months from the time of publication, it will be deemed that novelty has not been lost by following the prescribed procedures (excluding cases where it becomes publicly known against one's will). |
| Duration | U.C.D. : From the date of public availability in the EU3 Annual, cannot be renewedR.C.D. : 5 years from the date of application, with renewal protection for up to 25 years |
The design will be protected for 20 years from the date of registration. |
| Scope of rights | The scope of design rights is not affected by the name of the product. Please note that the design right will apply even if the product is different, as long as the design has the same form. | Designs are identified by the "article" and "form." Therefore, even if the design has the same form, if the products are different, the design right does not apply in principle. |
| Multiple design application | If the Locarno classification (subclass) is the same, even if the designs are not similar, up to 99 designs can be included in one application if filed electronically. In addition, when exercising rights, they are treated as independent rights. | A one-design, one-application system is adopted, and only one design can be applied for per application. If multiple designs are included in one application, it will be refused as a violation of Article 7. |
| partial design | A design is defined as "the appearance of all or part of a product..." and partial designs are also subject to protection. | "A design is defined as the shape, pattern, or color of an article (including parts of an article (omitted)), or a combination of these, which creates a sense of beauty through the visual sense," and partial designs are also protected. is subject to. |
| Related designs | The related design system is not adopted. | Designs that are variations created from a single design concept are eligible for protection as related designs similar to the original design and are unique if they meet certain requirements. It has the effect of |
| secret design | We do not use a secret design system. | There is a secret design system. |
| Release date | The examination process is very fast, so if you want to keep your design private until the product is released,Public notice postponement systemcan be used. You can request a postponement of publication at the time of filing within 30 months from the filing date (priority date). | By using the secret design system, the specific contents of a registered design can be kept secret for up to three years from the date of design registration. This allows the implementation date and publication date of the registered design to be aligned. |
| Application | Description of the design Although it is possible to submit an explanatory statement about the design, it will not be published in the gazette or register and will not affect the scope of rights. |
When describing the name of an article other than the classification of articles stipulated by the Ministry of Economy, Trade and Industry, in the [Description of the article to which the design pertains] field, provide an explanation to help understand the article, such as the purpose of use of the article and the state of use. can be described. This information will be included in the official gazette or register. |
| 図 面 | There is a limit to the number of drawings that can be submitted, and up to 7 drawings can be submitted. You are relatively free to express your drawings; for example, you can submit photos of the distinctive parts of your store. If the state of use is distinctive, you should consider submitting a diagram showing the state of use. You can also submit photos or CG. | There is no limit to the number of drawings submitted, but six-sided drawings are required. It plays the role of certifying the form of the article related to the design, and although the examination of drawings has become much more lenient than before, the examination of the consistency of each drawing is relatively strict. You can also submit photos or CG. |
Documents required at the time of application
Specification, one or more claims
Drawings (if mentioned in the specification, etc.)
Summary etc.
Application fee
It is possible to file an EP patent application in a language other than the language of an EPC member state. However, a translation (in English, German, or French) must be completed within one month after filing. If the translation is not completed within this period, it will be possible to receive a translation submission instruction from the EPO and complete the translation within a specified period (within two months).
In addition, documents such as specifications and drawings can be submitted by notifying the EPO of the bibliographic information (country of application, filing date, application number) of the Japanese patent application, which is the basis for claiming priority of the EP patent application. It is also possible to secure a filing date for an EP patent application without having to do so. In this case, a copy of the Japanese patent application and its translation (in English, German, or French) must be submitted within two months from the filing date.
EP intellectual property information
About the Unified Patent and the Unified Patent Court
History
European Parliament agrees to “enhanced cooperation” for the Unified Patent Court.
November 2011(Fri)-March 3(Sun)
European Parliament approves increased cooperation on establishing a unified patent system. With this, the creation of a formal bill for a new unified patent system has begun.
November 2011(Fri)-March 4(Sun)
The European Commission has presented a draft law on unified European patent protection.
http://www.epo.org/news-issues/news/2011/20110413a.html
November 2012(Fri)-March 6(Sun)
The final form of the Unified Patent Court and the Unified Patent Litigation System is established.
The main contents of the European Council's final agreement regarding grant and enforcement under the unified patent system are as follows.
- The Unified Patent Court is scheduled to come into force in 2014-2015, and the pre-grant and opposition procedures will be essentially the same as the current EPO patent process.
- The validation process after a unified patent is issued can be carried out only in the official languages English, French, and German (significantly reducing costs).
- The first instance of infringement proceedings can be held in any member state except Spain and Poland, but the primary technical court, which handles all issues and appeals regarding patent validity, is the so-called Central Division. Headquarters are located in ). Specialist Sections will be opened in London (for chemistry, medicine and life sciences) and Munich (for mechanical engineering).
- All EU member countries (excluding Spain and Italy) can be covered by lump-sum payment of patent maintenance pension.
About the Unified Patent Court
Overview of the EU unified patent system
On December 2012, 12, the European Parliament approved two draft regulations regarding the unified patent system by a majority vote.Did. This paves the way for the long-awaited Unified Patent Court to come into force. The Unified Patent CourtEffective early 2014It is said that in this case,First European unified patent issued in 2014Will be done.
With the entry into force of the Unitary Patent System, unitary patents will be issued in 25 EU Member States (excluding Spain and Italy) with only one administrative step. In this case, the EPO will carry out the work and manage the unitary patent.
The unitary patent will coexist with national patents of each member state and with EP patents based on the EPC. Also,Under the unified patent system, the legal basis and patent granting procedures are the same as for EP patents based on the current EPC, but the post-grant system is different.Applicants must decide within one month after granting whether to treat the granted patent application as a unitary patent or to proceed in each country's national phase as an EP patent under the EPC.
The Unified Patent System employs a system in which the EPO centrally manages patents, collects annual renewal fees in one lump sum, and distributes them to each member state participating in the Unified Patent System. Furthermore, if the applicant is a small entity, the annual renewal fees seem to be reduced.
In addition, For patent owners who do not want to risk having their patents invalidated in all member states, there is also the option of obtaining and maintaining national patents in at least a handful of countries.At least 13 member states must ratify the above package of new regulations before the unitary patent system enters into force, but at present, as mentioned above, it is expected that the first unitary patent will be issued in 2014. It is said that
Furthermore, since a unitary patent is treated as the only patent that is common to all member countries, it is difficult for each member country to make the patent legally valid (translation procedures for entering the national phase by submitting translations, etc.) and manage it. there is no. As a result, the applicant:Significant savings in time and money possible.
Please note that under the Unified Patent System, patent applications must be filed in English, German, or French. Additionally, under the Unified Patent System and during the transition period (at most 12 years), if a patent application is granted in German or French, an English translation must be submitted. Additionally, if a patent application is granted in English, a translation into one of the EU official languages must be submitted.
About the Unified Patent Court
Under the Unified Patent System, patent rights granted by the EPO will be enforceable via the Unified Patent Court. In this case, there is no need for each country to enter the national phase. This eliminates the need for domestic fees and translation fees.
The Unified Patent Court has exclusive jurisdiction not only for unitary patents but also for EP patents under the EPC. During the transition period, it is possible for EP patents based on the EPC to request to be excluded from the jurisdiction of the Unified Patent Court (opt-out). In this case, the EP patent will be subject to the jurisdiction of the national courts of each country.
The above-mentioned package of new regulations stipulates the unified patent litigation system based on the treaty between countries creating the Unified Patent Court. According to it, the Unified Patent Court (Paris, London, Munich) Regarding infringement and validity issues relating toIt functions as a court of first instance and a court of appeal, and is positioned as a specialized court with exclusive jurisdiction.
The court of first instance has a central division, a local division, and a regional division. Every division has a panel of multinational judges. The central section is divided into three sections: the UK (in charge of pharmaceutical, biotechnology, and chemical-related projects), France (in charge of telecommunications, electrical equipment, and other projects), and Germany (in charge of machinery and weapons-related projects). The headquarters will be located in Paris.
The court of first instance can also be held in the courts of each member state. In this case, the case will be heard by a panel of three legally qualified judges. In the case of counterclaims regarding patent revocation, a technically qualified judge will be assigned at the request of the panel or the parties.
In general, infringement proceedings are carried out at the place where the infringement took place or at the place of residence of the defendant, but validity proceedings must be carried out in the Central Division of the Unified Patent Court (headquartered in Paris) unless a counterclaim is filed. there is. In addition, in cases where both infringement proceedings and validity proceedings are involved, it is also possible to carry out these proceedings in the Unified Patent Court. At the headquarters of the Unified Patent Court, cases are heard by a panel consisting of two judges with legal qualifications and one judge with technical qualifications. The Judiciary is a multinational panel of judges, including those with legal and technical qualifications.
Additionally, Luxembourg's specialized tribunal continues to be the Court of Appeal and the Court of Justice of the European Union (CJEU). In this Court of Appeal, cases are heard by a panel consisting of three judges with legal qualifications and two judges with technical qualifications. The domestic courts of each country can still be used to enforce the national patents of each country during the above transition period. After this transition period has passed, the Unified Patent Court will also hear the domestic patents of each country.
Q & A
- ◆ Which countries are covered by the unitary patent?
As of April 2013, 4, all EU member countries (excluding Spain and Italy). Spain and Italy will become eligible countries if they withdraw their refusal to participate.
- ◆What is the unified patent and unified patent court?
It will be possible for the EPO to grant a single patent with effect throughout the EU. Additionally, a unified patent can be enforced or invalidated against all participating countries through a single lawsuit in the Unified Patent Court.
- ◆Is it possible to convert an EP patent based on EPC to a unitary patent?
It is possible to obtain a unitary patent even if the EP patent is based on the EPC, if the grant of the patent exceeds the effective date of the Unitary Patent Regulation.
- ◆Can I choose the type of patent?
Applicants are free to choose between a new unitary patent, an EP patent based on the EPC, or a national patent granted for each participating country.
- ◆What will be the costs associated with the unitary patent?
There are many uncertainties, and we will have to wait and see what happens in the future.
However, for all unitary patents, the entire specification must be filed in English or translated into English for at least 6 years and up to 12 years. If submitted in English, it must be translated into one other EU official language. Claims must be translated into English, French and German, as they currently are.
- ◆How to apply for a unified patent?
As is currently the case, this will be done for the EPO. The examination procedure will remain the same as before.
- ◆What kind of response is required after the allowance?
At the time of registration, applicants can choose to designate a unitary patent or designate by country.
The opposition procedure is the same as for existing EP applications.
EU Geographical Indication (GI)
1. Basic laws and regulations
- Regulation 2012/11 of the European Parliament and of the Council of 21 November 1151 on quality regimes for agricultural products and food products
・Ministry of Foreign Affairs: Agreement between Japan and the European Union regarding economic partnership (Japan-EU Economic Partnership Agreement)
2. Summary
Geographical Indication (GI) is an indication that indicates that the quality or characteristics of agricultural products, foods, etc. originate from the region or land of the place of origin.
Currently, in the EU, agricultural products and food are subject to protection under Council Regulation 1151/2012, but wine and spirits are also subject to GI protection.
3. Handling of the UK’s withdrawal from the EU
Under the Withdrawal Agreement, GIs registered in the EU before the end of the transition period on 2020 December 12 will continue to be protected as GIs in the UK after the end of the transition period. GIs registered in the UK before the end of the transition period will also continue to be protected in the EU.
When applying for GI registration for British products in the EU at the end of the transition period, the UK will need to complete the procedures as an EU foreign country.
4. Japan-EU Economic Partnership Agreement (EPA)
The Japan-EU Economic Partnership Agreement (EPA) provides for mutual protection of GI for agricultural products and alcoholic beverages between Japan and the EU. This will also protect Japanese GIs such as Kobe beef and Yubari melons in the EU market.