06.Job duties of Examiner (Examination and Decision): We will explain about patent Examination and examinar's Decision in an easy-to-understand manner with illustrations. (IPdash Tokyo intellectual property firm/ Patent Attorney Hisamitsu TOMEBA)

This is the 6th part of our seminar “Intellectual Property in Japan (Patent right)”.
We will explain about “Examination process of patent application and Decision” in an easy-to-understand manner with slides.

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Here, the process of patent review will be described.

Examiner in Japan Patent Office examine a patent application, and make a Decision of Patent or Refusal as an administrative action.

No patent rights can be obtained just by application (filing).
For the patent acquisition, “Request for examination of application” is required after an application (filing).

After the request, the review of a patent application is initiated.

Examiners in Japan Patent Office determine whether a patent application should be patented or not under the Patent Act.

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By the way, even if there is a reason for refusal in the patent application, the examiner does not make the final decision (administrative action) of refusal.

The examiner notify the applicant for the patent of the reasons for refusal.
This is a kind of administrative service.

If the applicant deals with the notice appropriately and solve the reason for refusal, applicant would obtain a Examiner’s decision to the effect that the patent is to be granted.

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The examination of a patent application is initiated after the filing of “a request for examination”. Where no reasons for refusal are found for a patent application, the examiner render a decision to the effect that a patent is to be granted.

I’d like to wrap up with a summary of this part.
・The examination of a patent application is initiated after the filing of “a request for examination”.
・Where no reasons for refusal are found for a patent application, the examiner render a decision to the effect that a patent is to be granted

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Applicant need to pay fees to Japan Patent Office at the time of application, request for examination, and registration.

The base fee for a request for examination went up to 138,000 yen from 118,000 yen in 2019.
However, Japan Patent Office prepares fee reduction or exemption for venture, small or middle entity.

That’s all for Part 6 (Examination process of patent application and Decision).

IPdash Tokyo Intellectual Property Firm (Japan)

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