USA Support Office

Our office is pleased to assist you with the application procedures and protection of intellectual property rights in the USA and Japan, and to respond quickly and appropriately to your various requests. We have opened the USA Support Office.

The USA Support Office provides prompt and appropriate advice in response to your requests, questions, and/or consultations regarding intellectual property rights in the USA, and provides a variety of high-quality services. We aim to be of more use to you than ever before.

Currently, dedicated staff are assigned to the USA Support Office, and while coordinating with related staff as appropriate, we are creating a system that allows us to support businesses in the USA, such as acquiring intellectual property rights in Japan, as well as support the USA in Japan. We have established a system that can support operations such as acquiring intellectual property rights.

If you have any requests, questions, or consultations regarding intellectual property rights in the USA or Japan, please feel free to contact our USA Support Office. All the staff at the USA Support Office are looking forward to seeing you.

USA Support Office Director Yasutaka Okabe

 

USA 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

 

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 the 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
・Not disclosed in the prior art before the invention date
・Publications are available worldwide, publicly known publications are available in the United States.
・Grace period is 1 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 a person skilled in the art could easily come up with 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 known technologies, or is there a motive behind the cited invention?

・The description of advantageous effects in the specification takes into consideration the affirmation of inventive step.

・Does it exceed the normal progress of technology?

・The invention should 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


・Certification of the scope and content of prior art
・Consideration of secondary matters
・Differences between the prior art and the claimed invention
・Determination of the technical level of a person skilled in the art


・TSM test is not the only obviousness criterion.
・The test for obviousness is more open-ended and flexible.
・Many different tests can be applied to determine obviousness.
・If the examiner makes a finding that it is obvious based on a combination of prior art, he must show the applicant a clear basis.
・The cited document does not need to attempt to solve exactly the same problem as the patent owner is working on.
・It is possible to use “it is obvious to try” as a test for obviousness judgment.
- In order to determine obviousness, one can look at the mutually related teachings in the cited documents, the effects known and desired by those skilled in the art, the background knowledge of those skilled in the art, etc.
・Is there an unforeseen effect?
- Whether the problem solved by the claimed invention was previously unknown.

 

 

Documents required at the time of application

Documents required for US patent application

The underlined documents must be submitted at the time of application.

Specification
■Drawings (if mentioned in the specification, etc.)
Application fee
oath or declaration

Submit the following documents as necessary.

■Assignment
■Priority Document

It is possible to secure a filing date by submitting the specification and drawings in Japanese, but in this case, translations must be submitted within two months from the filing date.

 

Documents required for US design application

Specification
single claim
図 面

Design applications are examined using the same criteria as patents.
When filing an application claiming priority to a Japanese design application, the application must be filed within six months from the Japanese filing date. A priority certificate, like a patent application, can be filed before a US application is registered.
The term of a registered design in the United States is 14 years from the date of registration.

 

Documents required for US trademark application

Applicant's address and name (name if a corporation)
Goods or services using the trademark and their classification
oath
Trademark printing sample

 

Points to note when applying

 (1) The application must be based on at least one of the following:
   ① Use ② Planned use ③ Home country registration (or home country application with priority claim)
 (2) Even if it is based on planned use, actual use is required for final registration.

categories

 The United States has adopted the International Classification. Multiple categories of products and services can be specified in one application.

 

 

Required Documents for JO Applications

Patent & Utility Model

Necessary Documents for National Phase in Japan of PCT Application

(1) English or Japanese translation of the original PCT application
 * English or Japanese translation of the amendment (if any)
(2) A copy of International Publication and Search Report;
(3) A copy of PCT Request (Form PCT/RO/101);
(4) A copy of Notification Concerning Submission of Priority Document
(Form PCT/IB/304);
(5) A copy of International Preliminary Examination Report;
(6) A copy of Notification of Change (of address etc.) on international stage, if any; and
(7) Power of Attorney Form
(* the form can be downloaded from our Website (https://www.harakenzo.com) and submitted to the JPO after the entry into national phase).

Necessary Documents for a Convention Priority Application in Japan

(1) Information with regard to priority, inventor's and applicant's name, address and so on;
(2) English or Japanese Specification, Abstract and Drawings;
(3) Priority Documents (*except Korean applications and EP applications)
(4) Power of Attorney Form
(* the form can be downloaded from our Website (https://www.harakenzo.com) and submitted to the JPO after filing the application)

Design

Basic procedures to be involved up to the stage of obtaining the registration certificate

1 Information with regard to priority, inventor's (creator)and applicant's name, address, Drawings of the article (Front View, Back View, Left-side View, Right-side View, Top View, Bottom View, Perspective View, and others if necessary), and Name & explanation (description) of the article
2 Power of Attorney duly executed by the applicant(Please download the Power form from our web site – https://www.harakenzo.com
3 If a priority is claimed
A Details of the application based on which the priority is claimed, such as the application number, filing date, name and explanation of the article
B The priority document(s) should be submitted within three months from the filing date in Japan. Please send us an English translation thereof, so that we can translate it into Japanese.

Trade Mark

Basic procedures to be followed up to the stage of obtaining the registration certificate

1 Information with regard to Representation of the mark, Goods and/or services (in International Class) to be designated, and Name & Address of the applicant
2 Power of Attorney duly executed by the applicant(Please download the Power form from our web site – https://www.harakenzo.com
3 If a priority is claimed
A Details of the application based on which the priority is claimed, such as the application number, filing date, class(es) and designated goods / services
B The priority document(s) should be submitted within three (3) months from the filing date in Japan. Please send us an English translation thereof, so that we can translate it into Japanese.


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