I.P.JAPAN
INTELLECTUAL PROPERTY LAW & PRACTICE IN JAPAN
Fall/Winter 2003-2004
SHUSAKU YAMAMOTO is delighted to present its thirteenth issue of I.P. JAPAN. This issue will spotlight several important changes to Japan's patent law that will come into effect in 2004. The changes relating to examination fees and annuities will be lead to overall patent cost reduction in the long term. The proposed changes to abolish Japan's current Opposition system to remove its ex parte nature are discussed and the new Invalidation Appeal procedure is also examined. Moreover, changes in the procedure to correct patent claims during Invalidation Appeal procedures are explained. In relation to trademarks, we outline the current difficulties in registering three dimensional trademarks in Japan. We also offer trademark invalidation practice tips and counsel why trademark oppositions should not be filed. This Issue concludes with a Madrid Protocol update. We hope that our thirteenth issue of I.P. JAPAN will be of interest to our clients and associates.
Issue Highlights
Important Patent Law Changes
- Application, Examination Fees & Patent Annuities Changed
- Opposition System abolished from January 1, 2004
- New Invalidation Appeal System effective from January 1, 2004
- New System for Correcting Patent Claims During Invalidation effective from January 1, 2004
Useful Trademark Law Practice Tips
- Registrability Requirements of 3-Dimensional Trademarks
- Important Opposition Practice Tips
- Trademark Invalidation Appeal Recommended over Trademark Opposition
In This Issue
- Examination Fee Changes - April 1, 2004
- 2
- Examination Fee Refund System
- 3
- Opposition System Abolished from Jan 1, 2004
- 4
- Rationale for Abolition of Opposition System
- 4
- New Invalidation Appeal System
- 5
- Practice Tips - New Invalidation Appeal System
- 5
- Strawman Invalidation Appeals Possible
- 6
- System for Correction of Claims During Invalidation Appeal Proceedings Changed
- 7
- Recent 3-D Trademark Developments
- 9
- Avoid Filing Trademark Oppositions - File Invalidation Appeals Instead
- 12
- Madrid Protocol - Trademark Practice Update
- 13
- Firm's Recent Professional Achievements
- 14
I.P. Japan is only intended to highlight issues and not a substitute for legal advice. Should you have any questions on Japanese IP matters, please get in touch with us at shupatnt@shupat.gr.jp
If you have any comments or suggestions about I.P. Japan, please contact the Editor, John A. Tessensohn, Esq., at jtessensohn@shupat.gr.jp
I.P. JAPAN® - registered Japanese trademark for agencies for industrial property procedures & printed matter including newsletters.
