業務内容


Our firm provides intellectual property related services including various techniques, search, litigation and consultations concerning patents, utility model patents, designs, trademarks and other related matters.
Practices we mainly handle are explained below.

What is patent right?

Basically, a patent right can be explained as an exclusive right to make use of a technical idea (invention).
It should be noted that a certain amount of investment is necessary in order to obtain a patent right, and although this should be considered somewhat as a price to obtain monopolistic right, we do not encourage our clients to file patent applications unless there are explicit prospects for considerable profits to be raised upon commercialization of such inventions.
We provide various consultations including estimated costs incurred at the time of filing and the possibility of commercializing inventions.


What is a Patentable Invention

Not just any idea can obtain a patent right.
An invention needs to fulfill certain criteria and requirements to be accepted as a patent, and provided below are some of the requirements to be fulfilled. (Please note that there are more detailed requirements other than the ones listed and you are welcomed to contact us for more information on other requirements.)


① Creation of Technical Ideas

Inventions have to be recognized as creations of technical ideas (technically called “a creation of technical ideas utilizing a law of nature”) to obtain patent rights.
On the contrary, creations with noble and aesthetic designs cannot be subjects of patent protection.
For example, a cup including a novel structure to provide better grip can be a subject of patent protection whereas an aesthetically pleasing cup with a novel design cannot be a subject of patent protection.
However, aesthetic design may be protected as design right and copyright.

② Requirement on Novelty

In order to obtain patent right, the invention has to include novel idea that is not known both domestically and internationally.
Even for an application filed in Japan, the invention cannot obtain patent right if the idea is already known in other part of the world.

③ Requirement on Inventiveness

Even if the invention is not known (have novelty), they cannot be granted patent rights if they are considered to be easily invented from already known arts.
The patent rights are granted only when the inventions are judged to include certain difficulties that cannot be invented easily from well known arts.
For example, a mere change in size or material of the conventional product may be judged to lack inventiveness even if the invention is novel.

④ First-to-file rule

If more than 2 patent applications concerning the same invention are filed on different dates, the client who filed the application first is qualified to obtain a patent right.

Duration of Patent Rights

Duration of patent rights is limited, meaning they do not last forever.
Patent rights expire from 20 years from the date the applications are filed (application date).
However, the duration may be extended up to 5 years at the maximum for inventions of medicines.

Procedures to Obtain Patent Rights

In order to obtain a patent right, invention fulfilling the above requirements of “creation of technical ideas”, “novelty” and “inventiveness” are drafted out and submitted to the Japan Patent Office, JPO for short (application procedure).
Then the inventions are examined at the JPO and granted patent rights if judged to be patentable.
Procedures in each stage are listed in more details herein below.

Prosedures until filing a patent application

① Consulation(free of charge)

Firstly, we provide a brief interview to deepen the understanding and grasp the details of the invention.
Upon examining the area as well as contents of client’s business, we also offer strategic advice on the optimum way to obtain a patent right.

② Simple search on prior art

A search is conducted based on the contents discussed in the interview to examine whether it has possibility of obtaining a patent right.

③ Estimation of fees incurred(free of charge)

If the invention is confirmed to have possibility of obtaining a patent right from the search, an estimate is prepared without charge.

④ Preparation of patent application

Upon receiving a formal instruction, an application draft is prepared.
The completed draft is sent for the client’s review and amended if necessary.

⑤ Filing to JPO

The application is filed to JPO after completion.

Prosedures after patent application

① Request for examination

It is necessary to conduct a procedure called “request for examination” within 3 years from the application date to request for an examination to be conducted to determine the patentability of the invention.
Only after the filing of such request, the invention is subjected to examination.
Since 3 years are given until the deadline to file such request, the client is given time to reconsider the possibility of commercializing the invention.
In this sense, the client can cut down unnecessary costs by choosing not to request examination in case of difficulties arising in commercializing the invention.
Of course, request for examination can be filed straight away if the client wishes to obtain the right as soon as possible.

② Submission of Argument/Amendment against Office Action

“Notice of Reasons for Refusal” is issued when the applied invention is judged not to fulfill the requirements for registration upon examination at JPO.
The client can submit an Argument to argue against examiner’s claim and/or an Amendment to amend the contents of the filed application to JPO.

③ Payment of registration free

In case no reasons for refusal were found, or the reasons of refusal were resolved with the filing of Argument and/or Amendment, “Decision of Grant” is issued by JPO.
With a payment of registration fee within the set duration, a patent right is issued for the invention.

④ Appeal against final refusal / litigation rescinding the trial decision

If the reasons of refusal in the “Notice of Reasons of Refusal” are not resolved, “Decision of Final Refusal” is issued.
The client can file “Appeal against Final Refusal” if the client has objection against the decision, and if the decision is sustained in the appeal, the client can further pursue the case by filing “Litigation Rescinding the Trial Decision”.

Patentable Designs

What is a design right?
Design right is an exclusive right to use aesthetic exterior of a product.

Not just any design can obtain design rights.
Designs have to fulfill certain criteria and requirements to be accepted as design rights, and some of the requirements are listed herein below.
(Please note that there are more detailed requirements other than the ones listed and you are welcomed to contact us for more information on other requirements.)

① Design based on the Design Act

In order for the designs to be protected as design rights, they have to possess perceivable aesthetic appearances.
For example, a particle of a substance in powder form that cannot be perceived by eyes, and inner structure of a machine that cannot be observed from outside are not objects of protections.

② Industrial applicability

In order for the designs to be protected as design rights, they have to be of products that can be mass produced through industrial manufacturing (either by machines or handicrafts).
For example, artworks such as paintings and sculptures made one by one cannot be subjects of design protections.

③ Requirement on Novelty

In order to obtain design rights, the designs have to be novel over existing designs.

④ Requirement on Creative Difficulty

The design cannot be granted design rights if it is considered to be easily created from already known designs.

⑤ First-to-file rule

If more than 2 design applications concerning the same/similar design are filed on different dates, the client who filed the application first is qualified to obtain a design right.

Duration of Design Rights

Duration of design rights is limited, and they do not last forever.
Design rights expire from 20 years from the date the applications are registered (registration date).

Procedures to obtain Design Rights

In order to obtain a design right, a design has to be drafted out in an application format and submitted to Japanese Patent Office, JPO for short (application procedure).
Then the design is examined at JPO and granted a design right if it is judged to be patentable.
Procedures in each stage are listed in more details below.

Procedures until filing design application

① Consulation (free of charge)

Firstly, photographs, diagrams, samples and such showing the actual product to obtain the design right are observed.
Upon examining the area as well as details of the client’s business, we also offer strategic advices on the best way to obtain a design right.

② Simple search on prior art

A search is conducted basing on the contents discussed in the interview to examine the possibility of obtaining a design right.

③ Estimation of fees incurred (free of charge)

If the invention is confirmed to have possibility of obtaining a design right from the search, an estimate is prepared without charge.

④ Preparation of patent application

Upon receiving formal instruction, an application draft is prepared.
The finished draft is sent for your review and amended if necessary.

⑤ Filing to JPO

The application is filed to JPO after completion.

Procedures after design application

Upon completion of the filing procedure, the application is examined at JPO to the following procedures as listed below.

① Submission of Argument/Amendment against Office Action

“Notice of Reasons of Refusal” is issued when the applied design is judged not to fulfill the requirements for registration upon examination at JPO.
The client can submit an Argument to argue against the examiner’s claim and/or an Amendment to amend the contents of the filed application to the JPO.

② Payment of registration fee

In case no reasons of refusal were found, or the reasons of refusal were resolved with the filing of Argument and/or Amendment, “Decision of Grant” is issued by JPO.
With payment of registration fee within the set duration, a design right is issued to the design.

③ Appeal against final refusal / litigation rescinding the trial decision

If the reasons of refusal in the “Notice of Reasons of Refusal” are not resolved, “Decision of Final Refusal” is issued.
The client can file “appeal against final refusal” if the client has objection against the decision, and if the decision is sustained, the client can further pursue the case by filing a “Litigation rescinding the trial decision”.

What is trademark right?

A trademark is a mark (discrimination label) used to distinguish goods and/or services that one provides from another, and a trademark right is an exclusive right to use the registered trademark for designated goods and/or services.

Types of Trademarks

The subject of trademark protection is any character(s), figure(s), sign(s), 3 dimensional shape(s), color(s), or any combination thereof, or any combination thereof with colors and sound(s).

Registrable Trademarks

Not just any trademark can obtain trademark rights.
Trademarks have to fulfill certain criteria and requirements to be accepted as trademark rights, and some of the requirements are listed below.
(Please note that there are more detailed requirements other than the ones listed and you are welcomed to contact us to learn more about other requirements.)

① Trademark used for goods/services related to one’s business

Trademarks have to be in use currently or have plan to be used in the near future for designated goods/services to be registered

② Distinguishable features

Trademarks have to possess distinguishing features in order to distinguish them from other goods/services.

③ Free of identical or similar trademarks registered by others

If identical or similar trademark is registered by third party for identical or similar goods/services prior thereto, the trademark cannot obtain a trademark right.

④ Free of any grounds for irregularities

Trademarks that violate public order and morality or generate confusions of origin cannot be registered.

Duration of Trademark Rights

Duration of trademark rights can be renewed every 10 years from the registration date, and maintained semi-permanently.

Procedures to obtain Design Rights

In order to obtain a trademark right, the intended trademark has to be drafted out in an application format and filed to the JPO (application procedure).
Then the application is examined at the JPO and is granted a trademark right if it is judged to be patentable.
Procedures in each stage are listed in more details below.

Procedures until filing trademark application

① Consulation(free of charge)

Firstly, interview is conducted to consider the trademark intended to obtain.
Upon examining the area as well as contents of the client’s business, we also offer strategic advice on the best way to obtain a trademark right.

② Simple search on prior art

A search is conducted basing on the details discussed in the interview to examine whether there exist any identical or similar trademark, and whether the grounds for irregularities are found.

③ Estimation of fees incurred (free of charge)

If the trademark has possibility of registration from the search, an estimate is prepared without charge.

④ Preparation of patent application

Upon receiving instruction, an application draft is prepared.
The finished draft is sent for your review and amended if necessary.

⑤ Filing to JPO

The application is filed to the JPO after completion.

Procedures after Application

Upon completion of the filing procedures, the application is examined at the JPO and leads to the following procedures as listed below.

① Submission of Argument/Amendment against Office Action

A “Notice of Grounds for Refusal” is issued when the applied trademark is judged not to fulfill the requirements for registration upon examination at the JPO.
Client can submit an Argument to argue against the examiner’s claim and an Amendment to amend the contents of the filed application to the JPO.

② Payment of registration fee

In case no ground of refusal was found, or the grounds of refusal were resolved with the filing of Argument and Amendment, a “Decision of Grant” is issued by the JPO.
With a payment of registration fee within the set duration, the design right is given to the design.

③ Appeal against final refusal / litigation rescinding the trial decision

If the grounds for refusal in the “Notice of Grounds for Refusal” are not resolved, “Decision of Final Refusal” is issued.
Client can file an “appeal against final refusal” if the client has objection against the decision, and if the decision is sustained, the client can further pursue the case by filing a “Litigation rescinding the trial decision”.

What is utility model right?

Utility model right is an exclusive right to use a technical idea (concept).
This may be obtained in replacement of patent right when the idea intended to obtain is not as technically sophisticated to be described as an invention.

Registrable Utility models

Not just any idea can obtain utility model right.
Utility models have to fulfill certain criteria and requirements to be registered, and some of the requirements are listed below.
(Please note that there are more detailed requirements other than the ones listed and you are welcomed to contact us to learn more about other requirements.)

① To be a creation of technical ideas

An idea has to be recognized as a creation of technical ideas (technically called “a creation of technical ideas utilizing a law of nature”) to obtain a utility model right.

② Requirement on Novelty

In order to obtain a utility model right, an idea has to include novel idea that is not known both domestically and internationally.
Even when applying for a utility model in Japan, the idea cannot obtain a utility model right if it is already known in other countries abroad.

③ Requirement on Inventiveness

Even when an idea is not known (has novelty), it cannot be granted a utility model right if it is considered to be easily invented from already known art.
The utility model right is granted only when the idea is judged to possess certain difficulty that cannot be easily invented from well known art.

④ First-to-file rule

If more than 2 utility model applications of the same invention or idea are filed on different dates, the client who filed the application first is qualified to obtain a utility model right.

Duration of Utility Model Rights

Duration of utility model rights is limited, and they do not last forever.
A patent right expires from 10 years from the date the application is filed (application date).

Procedures to obtain utility model rights

In order to obtain a utility model right, content of an idea has to be drafted out and filed to the JPO (application procedure).
Utility models are registered with only formal examination (without substantial examination), so they do not necessary fulfill the requirements for registration.
Therefore, there are certain limitations for enforcing the rights such as filing injunction claims on the basis of the utility model right.

Procedures until filing utility model application

① Consultation (free of charge)

Firstly, a brief interview is held to know the details of an idea.
Upon examining the area as well as details of business, we also offer strategic advices on the best way to obtain a utility model right.

② Simple search on prior art

A search is conducted basing on the details discussed in the interview to check the possibility of obtaining a utility model right.

③ Estimation of fees incurred (free of charge)

If the search revealed that there is a possibility of obtaining a utility model right, an estimate is prepared without charge.

④ Preparation of utility model application

Upon receiving instruction, an application draft is prepared.
The completed draft is sent for your review and amended if necessary.

⑤ Filing to JPO

The application is filed to the JPO after completion.

⑥ Payment of registration fee

In case no formalistic irregularities are found, a “Decision of Grant” is issued by the JPO.
With a payment of registration fee within the set duration, a utility model right is issued.