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📜 Patent (20 words) - Click to show/hide summary

CATEGORY OVERVIEW

Terms related to patents

We have summarized the basic terms related to the patent system that protects inventions. It covers the terms used in the entire process from application, examination, and enforcement of rights.

View patent application service →

Patent

A system that grants applicants the exclusive right to exploit new and industrially applicable inventions for a certain period of time (20 years from the date of application) after examination by the Patent Office.

📝 Examples: new manufacturing methods, new algorithms, innovative device structures, etc.

💡 IT/software inventions are also subject to patents. For more information, please see Patent attorney services specializing in IT patents.
Invention

Advanced creation of technical ideas using natural laws (Article 2 of the Patent Law).

Mere ideas and discoveries, natural laws themselves, and business methods only (those that do not include technical elements) are not patentable.

📝 Examples: New learning algorithms for AI, power-saving control methods for IoT devices, etc.

Claims

In a patent application, where the scope of the invention for which you wish to obtain rights is clearly defined in writing. Also called a "claim."

The scope of the patent right is determined based on the content stated in the claims, so this is the most important part of a patent application.

💡 The way you write your complaint can make a big difference in the strength of your rights. It is important that it be prepared by an experienced patent attorney.
Specification

A document explaining the content of the invention in technical detail. The purpose, structure, effects, examples, etc. of the invention are described.

Along with the scope of patent claims, this document is the core of the patent application documents.

Application

In order to obtain a patent right, the procedure for submitting a prescribed document to the Japan Patent Office.

It is important to file as early as possible, as the filing date is the basis for priority under the "first-to-file" system.

Priority Right

If an application is filed in another country within one year after the first application (basic application), the right to treat the first filing date as the priority date (according to the Paris Convention).

This is an important system in overseas application strategy.

Prior Art

Technology that has already been released to the public at the time of the patent application. Includes articles, patent documents, products, websites, etc.

In determining novelty and inventive step, it serves as a standard to be compared with the filed invention.

Office Action

A notification issued when the examiner determines that the applied invention does not meet the patentability requirements (novelty, inventive step, etc.).

💡 Do not give up even if you receive a notification of reasons for refusal. In many cases, you can obtain rights by responding with a written opinion or amendment.
Request for Examination

Procedure for requesting substantive examination by an examiner within 3 years after filing a patent application.

If you do not file a request for examination, the application will be treated as withdrawn without being examined.

Example

A portion of a patent specification that describes a specific embodiment of the invention.

The more examples there are, the more likely it is that the scope of rights can be interpreted broadly.

Rejection

Final judgment when it is determined that the response (written opinion/written amendment) to the notice of reasons for refusal does not satisfy the patentability requirements.

You can request reexamination by filing a request for an appeal against the decision of refusal.

Published Patent Application

In principle, the content of the application is made public after 1 year and 6 months after the patent application. Publication.

It will be used to understand the technology trends of competitors and investigate prior technologies.

Patent opposition (Opposition)

A system that allows anyone to file an opposition requesting the cancellation of a patent within 6 months of the registration of the patent right.

Divisional Application

A system in which some of the multiple inventions included in the original application are carved out as separate applications.

This is an important means of increasing the freedom of rights acquisition strategies.

First-to-file

If multiple applications are filed for the same invention, the person who filed first can obtain the rights.Principle. Adopted in many countries including Japan.

Domestic Priority

A system that allows you to file a new application with improved inventions, etc. within one year of the first application and receive the benefit of the first filing date.

Paris Convention

An international treaty for the protection of industrial property established in 1883. It stipulates basic principles such as priority system and national treatment .

PCT (Patent Cooperation Treaty)

Patent Cooperation Treaty. A system that allows one international application to have the effect of filing in multiple member countries at the same time .

It is a core method of overseas patent strategy.

Patent Infringement

The act of practicing a patented invention as a business without the permission of the patentee. You will be subject to requests for injunctions, claims for damages, and criminal penalties.

License Agreement

A contract in which the patentee licenses another party to use the patented invention. There are exclusive license and non-exclusive license .

🎨 Design (total 20 words) - Click to show/hide summary

CATEGORY OVERVIEW

Terms related to design

We have compiled terms related to the design system that protects the external design of products and UI. After the 2020 revision, image designs, building designs, and interior designs are also subject to protection, expanding the scope of their use.

View design registration services →

Design

Shape, pattern, color, or a combination of these as the external appearance of a product that creates an aesthetic appearance through the visual sense (Article 2 of the Design Act).

📝 Examples: shape of home appliances, logo design, website screen UI (GUI), appearance of buildings, etc.

Design Right

The right to exclusively exploit a registered design. It can prevent imitation by others.

The right term is 25 years from the date of application.

Design Application

Procedure for submitting prescribed documents to the Japan Patent Office in order to obtain a design right.

Design Gazette

Publication where the contents of the registered design are published

Design Drawing

A drawing that expresses the content of a design. As a general rule, six views should be submitted: front view, back view, left side view, right side view, top view, and bottom view .

You can also submit 3DCG or photos instead.

Partial Design

A system in which a design can be registered for only a part of the article.

📝 Example: Design only the camera part on the back of a smartphone.

Related Design

A system that allows multiple designs similar to one design (main design) to be registered as designs related to the main design.

Secret Design

A system that allows the contents of a design to be kept secret for three years from the date of registration of design right establishment. System.

Useful for protecting unreleased new product designs.

First-to-file

同一または類似の意匠について複数の出願があった場合、先に出願した者が権利を取得できる原則。

Similarity Judgment

Determining whether two designs are similar. Judgments are made based on the design and the sense of beauty created through the visual sense of the consumer .

Novelty

One of the requirements for design registration: It must not be known to the public before the application is filed.

Non-Obviousness

One of the requirements for design registration: The design must have a level of creativity that cannot be easily created by a person skilled in the art.

Working of Design

Providing manufacture, use, transfer, loan, export, import, transfer, and loan of articles related to the design.

Term of Protection

The duration of a design right is 25 years from the date of application for design registration.

According to the revised law that came into effect on April 1, 2020, the period has been extended from the previous ``20 years from the date of registration.

Design Infringement

The act of commercially exploiting a registered design or a design similar to it without the consent of the design right holder.

Design License Agreement

A contract in which the owner of a design right authorizes another party to use the design.

Office Action

Notification when the examiner determines that the design registration application does not meet the registration requirements.

Priority Claim

Claim priority under the Paris Convention. If it is within 6 months from the first application date, it can be treated as a priority date when filing in another country (different from 12 months for patents).

Design of a Set of Articles

A system in which a set of articles consisting of two or more articles used at the same time can be registered as one design as a whole.

📝 Example: A set of knives, forks, and spoons, a reception set, etc.

Dynamic Design

A design in which the shape, pattern, and color of an article change based on its function. It can be registered as one design.

📝 Examples: foldable smartphones, transforming robot toys, etc.

🏷️ Trademark (20 words in total) - Click to show/hide summary

CATEGORY OVERVIEW

Terms related to trademarks

We have summarized terms related to the trademark system to protect brands. Trademark rights are important intellectual property for companies that can be maintained semi-permanently through renewal.

View trademark registration services →

Trademark

A mark that identifies the source of a product or service and distinguishes it from others.

📝 Examples: Text (company name/brand name), logo mark, figure, sound, three-dimensional shape, color, movement, etc.

Trademark Right

The right to exclusive use of a registered trademark. You can prohibit the use of similar trademarks by others.

The rights period is 10 years from registration, and can be maintained semi-permanently with renewal.

Trademark Application

Procedure to submit a document stating the trademark and designated goods/services to the Japan Patent Office in order to obtain trademark rights.

Designated Goods/Services

The range of goods (goods) or services (services) for which the trademark is used.

It is specified at the time of application, and trademark rights are effective only within that scope.

Similarity Group

A group established by the Japan Patent Office to determine the similarity of goods and services.

Goods and services that belong to the same similarity group code are presumed to be similar.

Renewal Registration

Procedures for continuing registration when the term of trademark right (10 years) expires. Can be updated as many times as you want .

Use-based Trademark System

The concept of granting rights to trademarks that are actually used. It has been adopted in the United States and other countries.

Registration-based Trademark System

The concept of granting trademark rights on the condition that it has been registered. Adopted in many countries including Japan.

Distinctiveness

The ability to distinguish one's own goods and services from those of others as a trademark. Essential requirements for trademark registration.

Common names, commonly used trademarks, names of places of origin, etc. are not recognized as having distinctiveness.

Cancellation for Non-use

If a registered trademark has not been continuously used for 3 years or more, anyone can request the cancellation of the trademark registration under the trial system.

Opposition

A system that allows anyone to file an opposition requesting cancellation of trademark registration within 2 months of the registration of the trademark right.

Office Action

Notification when the examiner determines that the trademark registration application does not meet the registration requirements.

Well-known Trademark

A trademark that is widely known in a certain region and among consumers. Even if you are not registered, you can receive a certain level of protection .

Famous Trademark

A trademark that is widely known nationwide. The scope of protection may extend to different product fields.

Defensive Mark

A mark that can be registered to extend the scope of protection of a well-known trademark and to prevent others from using similar trademarks.

Trademark Infringement

Acts of using registered trademarks or similar trademarks for designated goods, services, or similar items without the permission of the trademark right holder.

Trademark License

A contract in which a trademark owner licenses the use of a trademark to another party.

The license includes exclusive use rights and regular use rights.

Genericide

A phenomenon in which a trademark becomes so widely used that it comes to be recognized as a generic name for a product .

📝 Example: "Escalator" and "Stapler" were once trademarks but have become common names.

Madrid Protocol

An international treaty established in 1989. A system that allows simultaneous filing in multiple member countries with one international application (Madpro). Effective for overseas trademark strategy.

Regional Collective Trademark

A system in which local business cooperatives and other organizations can register a trademark that combines a region name and a product name as a collective trademark.

📝 Examples: "Yubari melon", "Kobe beef", etc.

📚 Others (14 words in total) - Click to show/hide summary

CATEGORY OVERVIEW

Other related terms

We have compiled other important terms related to intellectual property, such as copyright, unfair competition prevention law, contracts, and employee inventions.

See comprehensive intellectual property services →

Copyright

The right to protect literary, academic, artistic, musical, and other creative works (works).

Unlike patents, they arise automatically at the time of creation and do not require registration. In principle, the term of protection is 70 years after the death of the author.

Unfair Competition Prevention Act

Law regulating unfair competition. We crack down on acts of unfair competition that cannot be detected by intellectual property rights, such as the sale of counterfeit products, infringement of trade secrets, and mislabeling of the country of origin.

License

The holder of intellectual property rights grants permission to others to use and implement such rights.

Grant of License

The holder of patent rights, design rights, etc., grants permission to others to implement such rights.

Moral Rights

A general term for the rights that protect the moral interests of authors. Consists of right of publication, right to name display, right to maintain identity .

Unlike copyright property rights, cannot be transferred.

Trade Secret

Information that meets the following three requirements based on the concept of the Unfair Competition Prevention Act.

  • Confidentiality: Managed as secret
  • Usefulness: Technical or commercial information useful for business activities
  • Non-public knowledge: Not publicly known

📝 Examples: manufacturing know-how, customer list, blueprints, cost information, unique supplier information, etc.

Shared Data with Limited Access

A new protection target introduced in the 2018 revision of the Unfair Competition Prevention Act. We protect large amounts of data managed by electromagnetic methods provided to specific parties as part of our business from unauthorized acquisition and use.

Intellectual property mix (IP Mix)

A strategy to protect your business from multiple angles by combining multiple intellectual property systems such as patents, designs, trademarks, and copyrights.

Even if a single right is insufficient protection, combining multiple rights can create a strong defense network.

Cross License

A contract in which multiple rights holders mutually license the use of their patents, etc.

It is often used in industries where technical fields are intricately intertwined to advance business while avoiding litigation risk.

Royalty

The consideration paid by the licensee (license holder) to the licensor (right holder) in a license agreement.

There are multiple payment methods, including lump-sum payment (lump sum), running royalty (sales-linked), and minimum royalty (minimum guarantee).

FTO investigation (Freedom to Operate)

Also known as “infringement prevention investigation.” Investigation to confirm whether new products and services violate the intellectual property rights of other companies before launching them on the market.

💡 Especially in the IT/SaaS field, an FTO survey is required before starting the business. For details, please refer to Patent attorney services specializing in IT patents.
Employee Invention

Inventions made by employees, etc. that belong to their job. As a general rule, rights belong to the employee who is the inventor. However, it is possible to have the rights inherited by the company according to work rules or contracts.

At the time of succession to a company, it is necessary to pay "reasonable profits" to employees.

NDA (non-disclosure agreement)

Non-Disclosure Agreement. A contract entered into to prevent leakage to a third party when confidential information such as technical information or business information is disclosed to the other party .

Even for inventions that have not yet been patented, an NDA is required when discussing with a third party.

Rights to AI products

Issues regarding ownership of intellectual property rights for outputs generated by AI (including generation AI).

Under Japanese law, an AI product itself is not recognized as a work under copyright law if there is no creative contribution from a "person".

💡 For more information on intellectual property strategies for inventions and creations using AI, please see AI Draft x Patent Attorney Check LP.