Legal Framework Overview

Japan’s IP legal framework emphasizes a balance between “protecting innovation and fair competition.”
Main statutes include:

• Patent Act

• Utility Model Act

• Design Act

• Trademark Act

• Unfair Competition Prevention Act

• Copyright Act

The competent authority is the Japan Patent Office (JPO) under the Ministry of Economy, Trade and Industry (METI), responsible for the examination and administration of patents, trademarks, and designs.
Japan is a member of WIPO, PCT, the Madrid Protocol, and the Hague Agreement, with a highly internationalized system.

International Filings & Examination in Japan

Notable characteristics when prosecuting in Japan:

• Strict document consistency: translations, drawings, and specification formatting must precisely follow JPO rules;

• Short pendency: patents commonly complete within about 12 months;

• Good international worksharing: PPH arrangements with major offices (USPTO, EPO, KIPO);

• Mature e-filing: filing, oppositions, and renewals can be completed fully online;

• Official language: Japanese (English documents require translations).

Trademark Essentials

Filing routes

• File directly with the Japan Patent Office (JPO);

• Or designate Japan via the Madrid Protocol.

Classification

• Adopts the Nice Classification;

• Supplemented by Japan’s “Goods/Services Detailed Classification List.”

Examination focus

• Strict on distinctiveness and similarity;

• Special attention to foreign words and kana homophones/pronunciations;

• Detailed requirements for concrete evidence of use.

Use & term

• Registration term is 10 years, renewable indefinitely;

• Subject to non-use cancellation after three consecutive years of non-use.

Opposition & remedies

• Opposition may be filed within two months from publication;

• Refusals can be appealed, with further review available before the Intellectual Property High Court (IP High Court).

Patents & Utility Models

Patent term

• 20 years from the filing date.

Examination system

• Substantive examination;

• Request for examination must be filed within 3 years from the filing date.

Utility models

• Term of protection: 10 years;

• No substantive examination, but a certain level of technical creativity is required;

• Often used for minor inventions and structural improvements.

International route

• Japan is a PCT member state; entry into the Japanese national phase via PCT is available.

Notable features

• Average examination pendency around 12 months;

• Accelerated Examination and Super-Accelerated Examination are available.

Industrial Design (Design) Protection

Legal basis

• Design Act.

Scope of protection

• Appearance of industrial products, GUI, typefaces, etc.;

• Post-amendment, multiple related designs may be filed together.

Term

• 25 years from the registration date (extended from 20 years since 2020).

Notable features

• High thresholds for novelty and creativity;

• Related Designs system allows extended protection for product series;

• Transparent procedures with a high degree of digitalization.