|In recent years, law etc. is revised like an every year. In the cases, such as application and other procedure, cautions are required.|
|The latest main legal revision (a screening criterion, a rule, etc. are included) etc.|
|Extension of the duration of a design right||Duration was extended from the registration date in 20 (it is 15 years before).|
|Expansion for [of a design ] protection||Operation screen designs, such as information appliances ,a DVD player, were also the targets of protection.|
|Clarification of the similar range of a design||It was specified clearly that it is judged by whether it sees from the position of a dealings person or a demand person, and they are similar whether designs are similar.|
|Extension of the application deadline date of a related design||Application of the related design became acceptable till the previous day of official Gazette issue (only at the same day with the filed day of the basic design, before).|
|Extension of the application deadline date of a partial design||Application of the partial design became acceptable till the previous day of official Gazette issue (only at the same day with the filed day of the basic design application as a hole, before).|
|Expansion of the time of a claim of a secret design||In addition, the time of the claim of a secret design became possible also at the time of registration fee payment simultaneously with application.|
|Extension of the presentation time of the certificates of the exception of novelty loss||The presentation period of certificates was extended within 30 days after a filing date (it is less than 14 days until now).|
|Expansion of working||Export was also added to working(use). (A patent, a utility model, a design, and a trademark)|
|Expansion of an infringement act||The act possessed for the purpose of transfer etc. was added as an infringement act. (A patent, a utility model, and a design)|
|The addition of the time of patent divisional application||It became possible after assessment for less than (time which can be rectified until now) 30 days.|
|Restriction of amendment||When rectifying claims or specification after a notice of reasons for rejection, certain restrictive conditions were established.|
|Extension of the presentation time of a translation||The presentation term of the Japanese translation when in carrying out foreign language application was extended within one year and two months after a filing date (priority date) (it is less than two months from a filing date until now).|
|Protection of trademarks, such as retail trade||Retail service also came to be protected as a service trademark. In addition, application of a special case period is examined as application on the same day.|
|The addition of the subject of an organization trademark||Corporate identity, such as a chamber of commerce, a commerce-and-industry meeting, and a NPO, become acceptable for a subject of an application. In addition, the subject of a regional organization trademark serves as old.|
|Strengthening of criminal punishment||The criminal punishment of infringement was strengthened.|
|About the Japan specification exclusion of international application||The column which can except Japan from the designated state in an application was prepared.|
|Special collective trademarks for geographical names system||In order to protect a local brand derived from geographical names, appropriately, trademark registration of special collective trademarks for geographical names (local geographical name + usually name etc.) came to be accepted.There are requirements (in an applicant, the trademark which is a specific organization "geographical name + the trademark which is usually name" is famous to some extent, and there is) peculiar to a special collective trademarks for geographical names system. The registration of application has started from April 1, Heisei 18.|
|Extension of the duration of a utility model||In length, duration became ten years (it is six years before) from the filing date. It is applied to the application from April 1, Heisei 17.|
|Revision of a utility model relation charge||The price of a registration fee was reduced. In addition, a filing fee and the charge of a technology assessment claim remain as it is.|
|Patent application based on a registration utility model||New patent application can be carried out based on the once registered utility model. However, the original registration utility model must abandon. Moreover, there is less than three etc. years etc. of fixed restriction from the filing date of the original utility model. It is applied to the application from April 1, Heisei 17.|
|Expansion of the tolerance level of correction||Reduction of the range of a utility model registration claim etc. restricts at once, and can correct now. However, a correction period has restriction. In addition, about the correction which a claim deletes, it can do any number of times as usual.|
|Reexamination of invention-in-service regulation||The regulation about the countervalue to an invention in service was revised.|
When making the agreement of the frame of a countervalue in the company, it is necessary to determine that a worker does not have unreasonableness. Moreover, when there is no regulation about the frame of a countervalue, or when regulation is irrational, in consideration of various situations, the frame of a countervalue is case-by-case and is decided.
|Specific investigation registration agency system||If investigation is requested from the research institute of the Patent Office specification and the result is shown to beforehand, the charge of a request for examination can be made cheap.|
|Restriction of the exercise, such as a patentee||When a patent etc. was accepted to be what should be repealed by infringement lawsuit, it was specified that it cannot carry out the exercise.|
|Revision of a patent relation charge||The reduction in a filing fee, the price increase (former double the amount) of the charge of a request for examination, and the patent fee reduced, and it が(ed). In addition, a charge changes with a filing date and time of an application request for examination.|
|Partial return of the charge of a request for examination||If application is abandoned and withdrawn by the responses (a notice of reasons for rejection, patent assessment, etc.) of the beginning from a judge, a part of charge of a request for examination will be returned. However, when I have you return, it is necessary to ask within a term.|
|Integration of a patent objection and an appeal-for-invalidation system||A patent objection system is abolished and it is unified by the new appeal-for-invalidation system. Under the system of a new appeal for invalidation, anyone can carry out a referee claim after a patent fundamentally always.|
In addition, objection systems remain about the trademark.
|Partial revision of an appeal-for-invalidation system etc.||It is necessary to indicate concretely the reason for the claim at the time of carrying out an appeal-for-invalidation claim.|
Compensation of the reason for a claim came to be accepted on certain conditions.
|Reexamination of exemption systems, such as a patent relation charge, etc.||A part of application of the exemption system was expanded.|
Moreover, when some part-owners have an exemption candidate, exemption came to be applied according to the share.
It is referred to for the details about an exemption system also here.
|PCT international application deemed||When carrying out PCT international application, it means specifying all the designated states and applying. When it claims a preference on the basis of the application made into Japan, since it becomes a domestic preference, cautions are required.|
|The view in international search||Examination about patent nature is performed with an international search report.|
It can be known whether this examination result is reported by comments and responses, and has patent nature promptly in an international stage.
|Restriction of an international preliminary examination claim period||The period which can charge an international preliminary examination is restricted within a predetermined period (for example, from a priority date until 22 months).|
|Strengthening of criminal punishment||The criminal punishment of infringement was strengthened.|
|Clarification of the real enforcement sake of patented invention||although a program also serves as a candidate for protection -- a patent law top -- as a "thing" -- 扱わる -- things were clarified.|
Corresponding to ASP (Application Service Provider) etc., the enforcement in the Internet etc. was clarified at the real enforcement sake.
|Expansion of indirect infringement regulation||The criterion of judgement of the indirect infringement consider that infringed on it when [, such as manufacture and sale, ] a part of patented invention was carried out was eased.|
It may become indirect infringement if certain conditions are fulfilled "it is not only an article chiefly" but except "being an article chiefly."
|Separation of the range of a specification and a claim||Conventionally, although the range of a claim into a specification was indicated, the range of a specification and a claim needs to dissociate according to international harmony, and it is necessary to consider it as separate documents from now on.|
|Duty of disclosure of prior art literature||If the earlier literature known in the specification is not indicated, it becomes a reason for refusal. In addition, it does not become a reason for invalid.|
|Clarification of the use act of a trademark||The use act of the trademark in the Internet etc. was clarified corresponding to the case where download sale of a program or the music is carried out, an online game, an electronic bulletin board and banner advertising, an online trade, etc.|
|Revision of PCT international application to a domestic transition period||The domestic transition period became less than 30 months from the priority date. In addition, since 20 months is taken, about these countries, it needs to be very careful in some countries.|