TOKYO-HIRAKAWA Patent/Law Office

Important notice

Patentability examination request may be filed within three (3) years from
actual filing date in Japan in case of Paris route,
international filing date in case of PCT.

Two (2) month extension is available for filing the translation of the spec..

Amendment of Patent Law

Official fee lists (Unit Yen), N is a number of claims


Application fee	14000
Examination fee	138,000+4,000xN
Annuity
1st -3rd years	4,300+ 300xN per a year
4th -6th years	10,300+800xN per a year
7th-9th years	24,800+1900xN per a year
10th-25th years	59,400+4,500xN per a year

The existing opposition system and invalidation trial system, which coexist as system for disputing over the validity of patents would be consolidated and integrated into a new invalidation trial system. effective from 01/01/2004
Anybody may demand a new invalidation trial anytime
Processing shall be carried out between the demandant and patentee.
Appeal may be made by both sides before Tokyo High Court.

A patentee may demand for correcting the specification within only 90 days from a date lodging a trial before Tokyo High Court. effective from 01/01/2004.
In case where a correction is demanded, the Court may remand the case to the JPO even before the correction is accepted,
In the above-mentioned case, the patentee could demand correction of specification again.

The period for submitting translation of patent specification of every PCT case has 2 month extension.

From recent cases before courts

5. Ex-employee vs. Ajinomoto Co. Tokyo District Court 02/24/2004
The Court decided the company to pay $1.7 Million to the Ex-emplyoee.

4. Ex-employee vs.Nichia Gosei Co. Tokyo District Court 01/30/2004
The Court decided the company to pay $200 Million to the Ex-emplyoee.

3. Ex-employee vs.HItachi Co. Tokyo High Court 01/29/2004
The Court decided the company to pay $1.5 Million to the Ex-emplyoee.

2. Fujitsu Co. vs. Texas Instruments Co. The Supreme Court 04/11/2000
The Supreme Court invalidated a patent owned by TI. According to the decision, not only JPO but also each court could invalidate patent..

1. Licensor vs. Licensee Tokyo District Court 11/29/1982
The court decided that the licensor had not to refund the royalty to the licensee because of No-Refund Clause included in the license agreement.
But it is controversial in case where the No-Refund Clause is not included in an agreement.

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