JP patents Flashcards
What makes a patent patentable in JP
inventor is entitled to a patent unless
a) it is publicly known, worked, or published anywhere before the filing of the application
b) if a person ordinarily skilled in the art of the invention would have EASILY MADE the invention based on any prior art
then it shall not be granted
How are previous applications published after a JP filing dealt with
if it is identical to an invention in a patent, application, or utility model registration, a patent shall not be granted
EXCEPT
if the applicant at the time of filing the current application was the same in both cases, or the inventor was the same
Are there any exceptions to lack of novelty in JP
1) disclosures AGAINST THE WILL of the person entitled to obtain the patent, will not apply for 12 MONTHS from such disclosures
2) where an invention is disclosed BY the person entitled to obtain it(except if it relates to patents, utility models, designs, or TMs) will NOT apply for 12 MONTHS
How can a grace period be claimed for JP filings
Provide documentary proof within 30 days of filing,
If not possible, a UK applicant has two months from when it is possible, but not longer than six months after the end of the time limit
What type of filings can take advantage of the JP grace period
Must be filed in JP within the grace period, PCT designating JP counts, but claiming priority from other filings outside the 12M does not
When do translations into JP need filings for a JP application
within ONE YEAR AND FOUR MONTHS from priority, JPO will notify if missed, and there is then a TWO MONTH deadline to file translations after the notification
OR for PCT(JP) applications within TWO MONTHS of national phase entry
When can JP divisionals be filed
- within normal times for amending the specifications
- within 30 DAYS of issuance of an examiner’s DECISION TO GRANT, or THREE MONTHS of a decision to REFUSE
When should examination be requested in JP
Within THREE YEARS of filing date (of PCT filing date for PCT(JP) applications)
What is the reinstatement/restoration threshold in JP
despite all due care
