Business brief 2014: Japan
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Foreign applicants can take action under the Paris Convention and/or initiate a Patent Cooperation Treaty (PCT) national-phase application in Japan. The JPO requires a Japanese specification, but it can be filed first in English, followed later by the Japanese translation. We recommend this when translation time is short.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
After registration, some patent owners tend to fail to check that their claims have been registered appropriately. If a third party seeks to invalidate a patent, the specification can be corrected. However, it is less troublesome and less costly for owners to find and correct mistaken registrations without needing to defend the patent. Also, proprietors tend to fail to update changes to their names and addresses, which can result in extra costs later.
What is the best strategy if you suspect someone is infringing your patent?
First, of course, determine if infringement is actually occurring. If yes, send a warning letter and take action based on the reply, eg, voluntarily correct the patent if it seems weak. Initiate a lawsuit as a last resort.
Have there been any changes to the patent law(s) in the last 12 months?
The most important change(s) are as follows:
