iiABSTRACTToday, everything in the World addicted to technology and every technology is based on Research and Development. A country is powerful if it is powerful in technological advances, which means whoever leads the technology, leads the world. But countries must protect their technologies, as well as their unique brands, to lead or to profit because R&D expenses are very huge. To get this protection, patents are used and to organize the patent procedures “Patent Attorneys” are very crucial. Wtihout the work of patent attorneys, patents can not provide the promised and needed protection. iii Table of ContentsAbstractiiTable of Contents iii 1.
Introduction 12. Holders of a National Qualification 22. 1. Patent Attorney Law 22. 2. Patent Attorneys’s ervices 23.
File Applications on Behalf of Clients 33. 1. Acquisition of a patent or utility model right 33. 2. Acquisition of a design right 43.
3. Acquisition of a trademark right 44. Also Deal with Any Problems That May Arise After Filing 55. Disputes and Litigation 65. 1. Filing of Patent Opposition 65.
2. Request for Appeal Trial 65. 3. Suit against Appeal trial decision 65. 4. Infringement of Patent or Other Rights 76.
Make an Appraisal and File a Request for Interpretation 87. File a Request for a Technical Opinion on The Registrability of a Utility Model 88. Cost of Patent Attorneys’s ervices 89. Overview of Industrial Property System 99. 1.
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Intellectual Property and Industrial Property 99. 2. Industrial Property as Exclusive Rights 910. Patent Attorneys’s ervices 1110. 1. Acquisition of Domestic Industrial Property Rights and Related Activities 1110.
1. 1. Acquisition of a patent and utility model right 1110. 1. 2. Acquisition of a design right 1110.
1. 3. Acquisition of a trademark right 1210. 1. 4. Notice of reasons for rejection, etc.
1210. 1. 5. Filing of an opposition to a patent or registration 1210.
1. 6. Other procedures 1310. 1. 7. Request for a trial 1310.
1. 8. Litigation 1310. 1. 9. Appraisal and filing of a request for technical opinion 13 iv 10.
2. Acquisition of Foreign Industrial Property Rights and Related Actions 1410. 3. Why Should I consult A Patent Attorney? 1410. 4.
Other Matters 1511. INTRODUCTION Patent attorneys are worthy partners who help you turn your hard-earned inventions into powerful ownership rights. Everyday new products are created and find their way into our daily lives. Many of these products are protected with a patent, which outlaws and shuts out unscrupulous imitations. To be precise, a patent means ‘a patent right’, and there are three other similar rights as follows: a utility model right, design right and trademark right. A patent right, utility model right, design right and trademark right – collectively called industrial property rights – only accrue upon registration with the Patent Office, which follows the filing of an application and is conditional on the outcome of an examination of the application by the Patent Office.
(Utility models are only subject to a formality examination. ) This procedure can be undertaken by the inventor, but, in view of its complexity, it is advisable that it be left to a patent attorney. Upon being commissioned, patent attorneys carry out all procedural tasks, from the filing of an application to the acquisition of a right on behalf of their clients. Even after the acquisition of a right, they can still give advice on matters such as a patenting strategy and research & development. Patent attorneys are experts in the industrial property system who work in both local and international settings. 22.
HOLDERS OF A NATIONAL QUALIFICATION 2. 1. Patent Attorney Law Just as lawyers and tax accountants are governed by the Attorneys Law and Tax Accountant Law, respectively, patent attorneys are subject to the Patent Attorney Law. The Patent Attorney Law is a piece of national legislation, so it cannot be changed unless a resolution to that effect is passed by the Diet, the nation’s legislative body. Namely, patent attorneys are professionals certified by the National Government in recognition of their vital expertise. The patent attorney system has a long history, with its origin traced to the ‘Patent Agent Registration Regulations’, which took effect on July 1, 1899.
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They are different types of and legal protections of intellectual property. There are Copyrights, Patents, Trademarks, and Trade Secrets. Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software, for example plagiarism, or use of music with in a game or music without the owner’s permission. As the holder of a copyright you have the exclusive ...
Last year therefore marked its 100 th anniversary. 2. 2. Patent Attorneys’s ervices The main ones of patent attorneys’s ervices are: a) Representation of clients in procedures undertaken with regard to the Patent Office in relation to an application for a patent, utility model right, design right or trademark right or an international patent application (an application filed for a foreign patent based on the Patent Cooperation Treaty), and related appraisal b) Representation of clients in procedures undertaken with regard to the Minister for International Trade and Industry in relation to an opposition to a patent, utility model right, design right or trademark right or a request for a trial, and related appraisal. 33.
FILE APPLICATIONS ON BEHALF OF CLIENTS 3. 1. Acquisition of a patent or utility model right (If something is invented or devised) While patents concern inventions, which are creations of advanced technical ideas, utility models cover devices, which are creations of technical ideas involving the shape, structure or combination of articles – so to speak ‘mini-inventions’. A utility model right can virtually be obtained without an examination, and is therefore particularly useful for technologies with a short life cycle. If you have invented or devised something new, therefore, we advise you to consult a patent attorney straightaway and obtain a patent or utility model right, for this would prevent your invention or device from being copied or your competitor from registering a similar invention or device ahead of you and barring you from working your own invention or device. Upon being consulted, a patent attorney ascertains the nature of the technology and decides which intellectual property right should be obtained, a patent or utility model right.
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If necessary, he / she evaluates the patentability/ of the invention or device by searching for prior art. If it is decided to pursue a patenting / registration of the invention or device, an application should be filed through the patent attorney. The patent attorney will represent you in all the procedures from the filing of an application to registration, or even until the expiration of the term of registration. Apart from an application, the patent attorney will prepare a specification, a document which explains the technology in detail. As the content of the specification determines the scope of the patent or utility model right, it is a very important document. When all documentation is completed, it is filed with the Patent Office.
Nowadays, computer-based on-line filing has become the norm. 43. 2. Acquisition of a design right (If a design is made) Upon being consulted, a patent attorney first identifies the main points of the design and then works out a strategy to obtain the broadest possible right. If it is decided to pursue a registration of the design, the patent attorney prepares an application and design drawings (or photographs), and files them with the Patent Office.
3. 3. Acquisition of a trademark right (Trademark for products or services) If you intend to use a trademark to differentiate your products or services from those of others, it is advisable that you obtain a trademark right. Upon being consulted, a patent attorney ascertains the category of the products or services, determines whether the desired trademark is worth registering, if necessary, and searches for similar registered or registration-pending trademarks.
Once it is decided to pursue a registration of the trademark, the patent attorney prepares an application and trademark samples, and files them with the Patent Office. 54. ALSO DEAL WITH ANY PROBLEMS THAT MAY ARISE AFTER FILING An application does not automatically lead to registration and granting of a right. It must withstand rigorous examination by an examiner (utility model only subject to formality examination).
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In the course of examining an application, the examiner conducts various searches, including a validity search aimed at determining whether a similar application has already been filed and a novelty search aimed at determining whether the application really concerns new ideas. We all hope that applications pass the examination straightaway, but they are often rejected, with a notice of reasons for rejection issued by the Patent Office.
In that event, the patent attorney examines these reasons from an expert point of view, and prepares a written argument or amendment to overcome them. If the written argument or amendment is accepted by the examiner, the application will be successful, and a right will be granted. 65. DISPUTES AND LITIGATION 5.
1. Filing of Patent Opposition If a person (or company) is granted a patent for an invention that lacks patentability, the patent attorney may file a patent opposition with the Patent Office at your instruction. This is an important procedure geared towards preventing someone else from unfairly obtaining a right that could hamper your corporate activities, such as manufacture and sale. Conversely, you may find yourself at the receiving end of a patent opposition.
In that event, the patent attorney studies the opposition closely, and takes the necessary steps, including the filing of a written argument. If the matter is still unresolved, a suit may be brought to the National High Court. The patent attorney will continue working on the case as your process attorney. 5. 2. Request for Appeal Trial As mentioned earlier, applications filed with the Patent Office sometimes meet with a notice of reasons for rejection issued by the examiner.
In that event, the patent attorney examines these reasons from an expert point of view, and prepares / files an argument or amendment to overcome them, with other procedural steps taken if necessary. Despite this, the examiner may still hand down a decision of final rejection. In that event, the applicant has the right to file a request for an appeal trial with the Patent Office in a bid to have the examiner’s decision overturned. In addition to the filing of a request for an appeal trial, the patent attorney will negotiate with trial examiners as the authorized agent of the applicant and take other steps geared towards obtaining a right. 5. 3.
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According to the document, “The Unclaimed Property Rage”, by Mark Kantrowitz, most unclaimed property becomes abandoned as a result of three events. The first of these events is the change of address of the owner. That is, if the owner of the property has moved and left the property behind, it can be considered unclaimed. The second method by which property may become abandoned is through the ...
Suit against Appeal Trial Decision If the rejection decision is upheld at the appeal trial, the applicant may bring a suit against the appeal trial decision to the National High Court in a bid to have the Patent Office’s decision overturned. The patent attorney will prosecute the suit as the applicant’s process attorney. 75. 4. Infringement of Patent or Other Rights In the case of an infringement suit brought by you against another person or company or one brought by a person or company against you, the patent attorney will assist the lawyer to bring the suit to a favorable conclusion. 86.
MAKE AN APPRAISAL AND FILE A REQUEST FOR INTERPRETATION Patent attorneys make an appraisal on, among other things, the scope of claims for inventions, devices and designs and the similarity of trademarks. They also seek the Patent Office’s views on these matters by filing a request for interpretation on behalf of their clients. 7. FILE A REQUEST FOR A TECHNICAL OPINION ON THE REGISTRABILITY OF A UTILITY MODEL utility model right does not basically involve an examination process.
However, a request for a technical opinion may be filed with the Patent Office to verify the of a utility model. Apart from carrying out this procedure, patent attorneys can also make an appraisal of the Patent Office’s technical opinion. 8. COST OF PATENT ATTORNEYS’s ERVICES Have you ever given up on seeing a patent attorney or filing an application out of nervousness because you had no idea how much it would cost you or have you ever failed to secure a right because you filed an application yourself? Patent attorney fees are, in principle, determined on the basis of ‘mutual agreement’ between the client and the patent attorney, so please discuss fees thoroughly when seeking a patent attorney’s service.
For further details, please ask the patent attorney (patent attorneys’ office) directly. Note: In the case of an application for a foreign patent, fees vary from one country to another, so ask the patent attorney for a quote before requesting his or her service. 99. OVERVIEW OF INDUSTRIAL PROPERTY SYSTEM Lately, we often encounter the term ‘industrial property’ via newspapers, magazines, TV and other media.
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There are also similar terms which have been around for a long time, such as patent, trademark and copyright. Some companies even have departments / sections named after them, such as a patent department, patent section, intellectual property department and intellectual property office. Here is a brief explanation of how these terms are used and how they are defined by law below. 9.
1. Intellectual Property and Industrial Property ” Intellectual property’ is a term that combines ‘industrial property’ and copyright.’ Industrial property’, in turn, is a term that combines patents, utility models, designs and trademarks. The Patent Office is the administrative agency that oversees industrial property, and an industrial property right only accrues upon registration with it.’ Copyright’ is aimed at protecting works of authorship, which include, among other things, novels, research papers, paintings, photographs, music, movies (videos) and computer programs. Copyright is the jurisdiction of the Agency for Cultural Affairs, but there is no need to register. Copyright automatically accrues as soon as a work of authorship is created. 9.
2. Industrial Property as Exclusive Rights conducive to Advancement of Industrial Development The industrial property system protects the functions, characteristics, designs, names and other attributes of products. Product functions and characteristics are protected through patents and utility model rights, while designs and product names are protected through design rights and trademark rights, respectively. These are exclusive rights that keep others from engaging in the manufacture or sale of these products.
Such protection encourages invention and other creative activities. Exclusive rights for inventions are granted only for a fixed period time in exchange for the public disclosure of their details. 10 This prevents inventions that are beneficial for industry and society from remaining secret for too long and protects hard-earned inventions from being stolen or imitated without permission by others. The early disclosure of inventions prevents duplication in Research & Development, as well as stimulating Research & Development efforts by others. Trademark rights have a different socioeconomic role from patents, etc. , in that they protect the ‘reputation’ of products and businesses as embodied in ‘brands’, rather than protecting creations.
Such a reputation lasts as long as the use of a trademark continues, so a trademark can be used indefinitely as long as registration is renewed. 1110. PATENT ATTORNEYS’s ERVICES ” What do patent attorneys actually do?” 10. 1. Acquisition of Domestic Industrial Property Rights and Related Activities 10.
1. 1. Acquisition of a patent and utility model right If you come up with an invention or device, see a patent attorney straightaway and obtain a patent or utility model right. Otherwise, your invention or device may be copied by others or you may be barred from working your own invention or device as someone else registers a similar invention or device ahead of you.
Upon being consulted, a patent attorney ascertains the nature of your technology and decides which type of intellectual property is more suitable, a patent or utility model. If necessary, he / she evaluates the and validity of your invention or device by searching for prior art. While patents and utility models both concern technical ideas, the former protects inventions, which are creations of advanced technical ideas, with the latter covering devices, which are creations of broader technical ideas. Utility model rights can be obtained virtually without examination, and are therefore particularly useful for ‘mini-inventions’ – which are less advanced than full-blown inventions – particularly for technologies that have a short life cycle because of a short lead time. Once a decision to pursue a registration of the invention or device is made, the patent attorney will prepare a specification, a document which explains the technology concerned in detail, as well as an application, and file them with the Patent Office (typically done on line after electronically converting application documentation).
10. 1. 2. Acquisition of a design right If you come up with a design, see a patent attorney and obtain a design right. Upon being consulted, a patent attorney identifies the main points of the design, and works out a strategy to obtain the broadest possible scope of rights. 12 Once a decision to pursue a registration of the design is made, the patent attorney will prepare an application and design drawings (or photographs if necessary), and file them with the Patent Office.
10. 1. 3. Acquisition of a trademark right If you intend to use a trademark to differentiate your products or services from those of others, see a patent attorney and obtain a trademark right. Upon being consulted, a patent attorney ascertains the categories of the products or services, determines whether the desired trademark is worth registering, if necessary, and searches for similar registered or registration-pending trademarks.
Once a decision to pursue a registration of the trademark is made, the patent attorney will prepare an application and trademark samples, and file them with the Patent Office. 10. 1. 4. Notice of reasons for rejection, etc. If the application encounters problems, such as the issuance of a notice of reasons for rejection, the patent attorney will study these problems from an expert point of view, and will take appropriate steps to overcome them.
10. 1. 5. Filing of an opposition to a patent or registration If someone is granted a patent for an invention that lacks patentability or a registration for a trademark that lacks, the patent attorney can file an opposition to the patent or registration with the Patent Office at your instructions. This is an important procedure geared towards preventing someone else from unfairly obtaining rights that would hamper your corporate activities, such as manufacture and sale. Conversely, you may find yourself at the receiving end of an opposition upon being granted a patent or registration.
In that event, your patent attorney will study the opposition closely, and will take the necessary steps to protect rights, including the filing of a written argument. 1310. 1. 6.
Other procedures Patent attorneys take all necessary steps relating to the registration, transfer or amendment of patents, utility model rights, design rights and trademark rights, as well as their associated licenses. 10. 1. 7.
Request for a trial In any of the following cases, your patent attorney ascertains the situation and files a request for a trial according to the purpose at your instruction: the examiner hands down a rejection decision based on the judgment that the reasons for rejection given by him or her still stand despite your efforts to overcome them; you wish to amend your patent to correct a minor flaw you have found; or you need to have the registration of someone else’s trademark canceled. Conversely, if a trial is requested against your rights, your patent attorney will take the necessary procedural steps to defend them. 10. 1.
8. Litigation If you object to the decision of a trial, your patent attorney can bring a suit against it to the National High Court at your instruction. In the case of an infringement suit brought by you against someone or one brought by someone against you, your patent attorney will assist you and your lawyer to bring the suit to a favorable conclusion. 10. 1. 9.
Appraisal and filing of a request for technical opinion on the of a utility model Your patent attorney makes an appraisal of, among other things, the scope of claims of your invention, device or design and the similarity of your trademark with already registered or registration-pending trademarks at your instruction. Your patent attorney can also seek the Patent Office’s opinion on these matters by filing a request for interpretation on your behalf. 14 A utility model right does not basically involve an examination process. However, your patent attorney can file a request for a technical opinion with the Patent Office to verify the of your utility model.
In addition, your patent attorney can also conduct an appraisal of the technical opinion of the Patent Office. 10. 2. Acquisition of Foreign Industrial Property Rights and Related Actions Industrial property rights are protected by individual countries with their domestic laws. If you intend to manufacture or sell products or use your trademarks in a foreign country, it is necessary to obtain industrial property rights of that country and comply with its industrial property system. So far, over 120 countries, including all major countries, have signed the Paris Convention to facilitate the international protection of industrial property rights, with more than 90 countries having become parties to the Patent Cooperation Treaty, which relate to patents.
If you wish to obtain a foreign intellectual property rights for your inventions or trademarks, see a patent attorney. He or she will carry out the complex application procedure for you. For this reason, patent attorneys stay in touch with their affiliated colleagues in other countries via letters, faxes and face-to-face meetings for exchange of information and views. 10.
3. Why Should I consult A Patent Attorney? You are of course entitled to take action to acquire an industrial property right or settle a dispute over an industrial property right yourself. However, the acquisition of an industrial property right or settlement of a dispute over an industrial property right requires advanced technical, legal and practical knowledge, which encompasses, among other things, describing an invention or device – an abstract technical idea – in words, defining the scope of the technology, delineating the characteristics of a design and determining the similarity of trademarks. Patent attorneys are the only people who have the national qualification required to handle these demanding tasks. They will make the acquisition of an industrial property right or settlement of a dispute over an industrial property right a less arduous process, and will protect your interests by making you aware of any pitfalls.
15 Please note that nobody other than a patent attorney is allowed to act as an agent in industrial property right procedures by law without a special reason to do so (Article 22-2 of the Patent Attorney Law).
10. 4. Other Matters Advice can also be given on intellectual property rights other than industrial property rights, such as copyrights for paintings, movies, music and computer programs, as well as the layout of semiconductor integrated circuits, as these belong to an allied legal domain.
