Patent is the set of exclusive right granted to the inventor of a commodity for a limited period of time, in exchange for the public disclosure for the invention. The rights are grated to the person by the sovereign state, a part of which he is. So if you have a brand that you want to own, you have to file a patent request at the Japan Patent Office so that you are granted the rights of ownership to the brand.
The eligibility to file a patent to a particular brand or commodity is as stated:
1. The inventor(s), or Creator(s) or Deviser(s)
2. Also, person(s) who have succeeded the right to apply for a patent/utility/design
3. Person(s) who wish to register a trademark.
How to Apply for a Patent at the Japan Patent Office? What are the required documents?
Before applying for a patent in the Patent office, it is always advisable to consult a Japan Patent Agent. He gives you correct and legal advice as to how you can file the patent and will also help you throughout the procedure. He also is fluent in Japanese and he has the correct knowledge of the laws and procedure necessary to file the application. Before filling in the Patent application form, you must have a prior art relevant to your patent through the Patent Information database. You can submit the claims, abstracts and drawing supporting your patent in English. In any case, you have to submit the Japanese translations of these documents within one year two months from filing the patent application. However, the application form, title of the documents, and the subtitles of the sub-sections in your documents are to be filled in Japanese. If you are not someone well versed with the Japanese Language, your Japan Patent Agent will guide you through the same. All your details must be transliterated into the Japanese Script. Carefully prepare the specifications of your claim, and if you do not have a permanent address in Japan, then you have no choice but to hire the Patent Agent also known as the patent attorney in Japan.
A substantive verification of the patent application is done by the examining officer to verify if the patent can be granted to the invention in the patent application. A ‘Request for Examination’ must be filed in the Japan Patent Office within three years of application of patent rights. If there is no reason for refusal found on the patent application by the examiner, he may grant the patent. If any reason for refusal is found, he may deny the grant to the patent. With the payment of the patent fee for the first to third years, the patent right comes into effect the moment it is entered into the patent register. The patent number and the patent certificate is sent to the applicant later on.
Summary: It is very important to file a patent for your brand or invention. Make sure you provide relevant documents if you want the whole procedure to be done without any hustle.