PATENT

• Procedures for obtaining Patent right (flow chart)
1. Paris-Route / Non-Convention Application
2. National Phase Application from PCT Application

• Our Services

• Filing Requirements
1. Paris-Route / Non-Convention Application
2. National Phase Application from PCT Application

• Legal Fees
(update : August 2011)

1. Paris-Route / Non-Convention Application
2. National Phase Application from PCT Application

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B) National Phase Application from PCT Application

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* Our Services *

Prosecution:

The attorney and engineers at KOSHIKAWA & Co. have extensive experience in prosecuting patents in all fields of technology. Our capabilities and expertise allow us to represent and procure patents for a wide variety of Fortune 100 of Companies, universities; governmental organizations, small and mid-size companies and solo inventors. Additionally, our offices are fully compatible with the Japan Patent Office’s latest electronic filing regulations and can provide our clients with the electronic documents and conversions necessary to file and prosecute patents. We pride ourselves on our thorough knowledge of the patent examination process and maintain a variety of active patent portfolio for clients desiring varying levels of service.

Litigation:

The attorney and engineers at KOSHIKAWA & Co. have extensive experience working on a variety of patent litigation and pre-litigation matters. In particular, these include analyzing the patent(s) and prosecution history, conducting infringement analysis, conducting validity analysis. We have provided patent counsel to domestic and foreign corporations, universities and organizations, successfully resolving patent litigation conflicts. Additionally, with our far-reaching technical expertise and knowledge of patent law, we are capable of formulating a variety of offensive and defensive tools that can be tailored to suit your business needs and those dictated by the litigation and business environment.

Opinions:

KOSHIKAWA & Co.’s attorney and engineers can provide detailed patent opinions in all fields of technology. We have prepared opinions, including patentability opinions, clearance opinions, validity opinions, invalidity opinions and infringement opinions and non-infringement opinions for a wide variety of diverse clients. We pride ourselves on our comprehensive and complete analysis of your patent, application, invention or idea and any prior, contemporary or new technology or art and utilize our experience in both the public and private sectors of intellectual property law to provide clear and definitive opinions.

Patent Search:

KOSHIKAWA & Co.’s attorney and engineers have extensive backgrounds in patent searching. Our staffs are professional searchers who provide detailed and accurate searches in every field of technology. Additionally, we can provide in-depth analysis of your search results and work with you to fit your idea or invention to better overcome prior art. Our patent searches provide a detailed outline of the relevant domestic and foreign prior art, including patents, published applications and other published documents when desired. These patent searches may be used to educate clients about the known prior art and technology as well as provide competitive intelligence regarding potential competitors, infringers and licensees.

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* Filing Requirements *

For filing a Japanese patent application, the following documents/information are required.

1. Paris-Route / Non-Convention Application
2. National Phase Application from PCT Application

1. Invention
1. Specification
2. Claims
3. Abstract
4. Drawings (if needed)

Note:
We can first file an English application to secure the priority date and thereafter file a Japanese translation within 14 months from the priority date in urgent matters.
2. Applicant
1. Full name
2. Full address
3. Nationality
3. Inventor(s)
1. Full name
2. Full address
4. Filing Detail
1. Filing date (Priority filing date if any)
2. Serial number and the name of the country of the basic application, if the application is a Convention case (Serial number can be submitted later, if it is not available at the time of filing.).
3. Certified copy of priority document (This document has to be filed within sixteen months from the priority date. No extension is possible.).
5. Power of Attorney form
   (which should be executed by a representative of the applicant. No legalization or notarization is necessary.)
Note:
Under the current Japanese practice, an executed Power of Attorney form need not be submitted to the Japan Patent Office for initial filing. Nevertheless, we have been asking our foreign clients to send us an executed Power of Attorney for those cases entrusted to us, for the following reasons:

1. Our receipt of an executed Power of Attorney ensures that we received an explicit legal authorization of the entrusted case from our client, and
Please refer Sample on Power of Attorney menu if needed. (Download)

Request for examination:
• A request for examination of a patent application must be filed within three years from the actual Japanese filing date of the patent application. If you wish to have your application examined immediately, please advise accordingly.

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1. A copy of the International Publication (Cover Page for information, Specification, Claims, Abstract and Drawings)
2. PCT Article 19 amendment and/or PCT Article 34 amendment, if any
   Note:
   Regarding (1) & (2), it is possible to file a Japanese translation of the application within two months from the entry into the Japanese national phase. In this case, we first need to enter the Japanese national phase by filing a National Form Paper.
3. A copy of the International Preliminary Examination Report, if any
4. Power of Attorney form (which should be executed by a representative of the applicant. No legalization or notarization is necessary.)
   (Please see the Note of the above item A(5).)
Please refer Sample on Power of Attorney menu if needed. (Download)

Time limit to enter the national phase:
• A national phase application in Japan must be entered within 30 months from the priority date. (In case of two or more than two priority dates, the time limit will be based on first priority date).

Request for examination:
• A request for examination of a national phase patent application must be filed within three years from the international filing date of the PCT application. If you wish to have your application examined immediately, please advise accordingly.

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