Treaty

(1) PARIS Convention

1. Paris convention

The purpose of the Paris convention is to provide the protection of industrial property. The industrial property relates patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition. If you are a national of members of the Paris convention or WTO (World trade organization), you can apply patents, utility models, designs or trademarks through Paris route.

2. Patent application through Paris route

You need to apply within one year from the priority date. The application need to contain description, scope of claims, drawings (where required) and application form written in Japanese. However, English specification, scope of claims and drawings (where required) with Japanese application form is acceptable. In this case, Japanese translation of the specification and claims must be filed within one year and four months from the priority date.

(2) The Patent Cooperation Treaty (PCT)

1. The Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is an international patent law treaty, which provides a unified procedure for filing patent applications to protect inventions in each of its contracting parties. The PCT does not provide for the grant of an “international patent”, and the grant of patent is a prerogative of the Japan Patent Office.

If you are the nationals of the member states of PCT, you have filed a patent application in your country, and you intend to obtain patent rights among plural countries including Japan, We would recommend the PCT route.

PCT contracting parties (link to WIPO web site)
(http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=6)

2. Requirements for PCT application

You need to apply within 30 months from the priority date. Japanese translation of description and scope of claims etc. and application form written in Japanese is required in the application. When Japanese translation is not ready within 30 months, English specification and scope of claims etc. with Japanese application form is acceptable. In this case, Japanese translation of the specification and claims must be filed within two months from the date of application in Japan.

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