JOHO Supports Patent Application to Many Countries
JOHO Patent Support further extends the benefit of PCT by assisting the client with all phases of national and regional phasing,
including expert translation, drafting and finalizing of necessary documents and utilizing the services of local patent attorneys at a reasonable cost through our international network of professional staff members with expertise in virtually every field of intellectual property.
The JOHO International Patent Office for Patent Applications Overseas
ONE PLANET, Inc. mainly deals with translation.
However, our International Patent Office located at ONE PLANET, Inc. also handles patent application.
After requesting separate law firms for domestic and international patent applications, contact JOHO when considering dealing with another patent agency for any reason during the overseas application process. The JOHO International Patent Office will translate your application into any language and carry out application procedures through coordination with overseas law firms.
The JOHO International Patent Office translates your patent application submitted overseas into Japanese and handles Japanese application procedures. We also handle submission procedures of the Japanese translation of your patent application. Our wide range of services includes items such as requests for examination and intermediate contact with the Patent Office.
Priority Claim Application under the Paris Convention
It is necessary to carry out priority claim application under the Paris Convention for the Protection of Industrial Property within one year of application in all countries.
When making this application, it is necessary to translate documents into other languages.
Normally, submission of this application is required before being published so translation is carried out while placing particular importance on confidentiality.
The homepage of the WIPO also lists the provisions of the the Paris Convention for the Protection of Industrial Property. Basis for being able to make this priority claim when applying for a patent is stipulated in Article 4 D(1) of the Paris Convention.
It is possible to apply for a patent which makes this priority claim as a basis for an overseas application in your country. JOHO offers a complete and comprehensive line of services from translation to application.
International Patent Application under PCT
Applying using PCT (Patent Cooperation Treaty) has the same effect as applying one time in 148 countries (as of June 2015).
Submission of the translated documents to each country must essentially be done within 30 months from the priority date.
There are extension policies depending on the country.
So refer to "Procedures for submitting national documents for PCT application (Translation submission period of international application)".
After 18 months elapses from application, the patent is published internationally (when applying for a priority claim, this is 18 months from the basic application).
In the same manner as patents, trademarks are protected in many countries with one application by the Madrid Agreement Concerning the International Registration of Marks. Recently, it has become possible to make international applications for designs based on the Geneva Act of the Hague Agreement Concerning the International Deposit of Industrial Designs.
Trademarks and designs can also apply for priority claims based on the Paris Convention as a basis for overseas application in Japan. JOHO offers a comprehensive line of services from translation to application for trademarks and designs as well.
Tidbits about Patents in China
The Chinese economy has been expanding recently leading to an increase in the importance of patent application in China.
However, the patent law system in China differs from other countries in areas such as amendments and unity of invention with many patents which have been accepted in other countries being refused in China.
Amendments to claims recognized in Japan, the US and Europe are not recognized in China for the most part. Restriction amendments which add matters to define written in the specifications within the scope of the claims become an addition of new matters in regards to the claims and are not recognized. In addition, if an example of execution listed in the specifications only includes a part of the example of execution of the subordinate concept after amendments, the patentability is deemed incomplete and the amendment is not recognized.
These amendment requirements are applied in regards to Article 34 amendments and Article 19 amendments carried out in the PCT application stage. In other words, amendments which can be carried out in China are limited to deleting claims and other amendments are not possible. In these cases, it is necessary to apply.
For unity of invention, the idea of deciding whether two independent claims have a unity of invention based on the existence of the same or corresponding special technical features is the same in Japan, the US and Europe. However, in recognition of special technical features, the unifying criteria of novelty is applied in Japan, the US and Europe while the unifying criteria of inventive step is applied in China. Likewise, when novelty is refused due to inventive step violation even when novelty in the invention listed in Claim 1 is recognized, deleting Claim 1 will normally meet the requirements for unity of invention. However, this is a violation of unity of invention in China. Claim 1 is deleted to avoid this but in regards to the technical features of Claim 2 which is the subordinate concept, if the example of execution is not listed in the specifications, this is deemed incomplete and it is refused. Moreover, if there are claims which do not even include a part of the technical features of Claim 2, this is a violation of unity of invention so divisional application is necessary.
Divisional application also requires different conditions than Japan, the US and Europe. When carrying out divisional application in Japan, the US and Europe, changes to claims as a new application is recognized. However, it is required to apply within the scope of the above mentioned amendments when carrying out divisional application in China. The intended size of the patent scope is reduced and divisional application is often abandoned.
Likewise, if there is a reason to refuse the first application, getting a patent in China is an extremely difficult endeavor. JOHO provides support for utilizing a special process specific to China when applying for a patent in order to improve the likelihood of being patented. Contact JOHO for applying for a patent in China or after already completing you first foreign application.
Method of paying patent translation charge and application charge
For orders, we require payment in full in advance.
[Overseas Remittance] There is a 4,000JPY incoming remittance transaction fee when making bank transfers. Remittance charges are also the responsibility of the client. It is recommended to use a credit card for small amounts.
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JOHO International Patent Office
Application Manager : Kazuo Oyama (patent lawyer)
The address and Fax number are listed on the right. For e-mails, replace the word "info" listed on the right with "patent".
4-20-3 Touei Jingu-gaien BLDG. Sendagaya, Shibuya-ku,
Tokyo 151-0051 Japan
E-mail : eng(a)joho-translation.com
*Please replace "(a)" with “@“.
Tel +81-3-6447-0298, Fax +81-3-4330-1117