Patent Act (Tokkyohō)
The Patent Act (Tokkyohō) governs the grant and protection of patents in Japan. Enacted in 1959, the Act establishes the requirements for patentability (novelty, inventive step, industrial applicability), the procedures for patent application and examination, the rights conferred by a patent, and remedies for infringement. Japan operates a first-to-file system, and patents are granted by the Japan Patent Office (JPO). Patent term is generally 20 years from the filing date.
Legal area: Law governing patents, copyrights, trademarks, and other intellectual creations.
Year enacted: 1959
Full text: https://elaws.e-gov.go.jp/document?lawid=japan-patent-act
Key Provisions
- Chapter II: Patentable inventions (novelty, inventive step, industrial applicability)
- Chapter III: Patent application and examination
- Chapter IV: Rights conferred by patent (exclusive rights, licensing)
- Chapter V: Patent infringement (injunctions, damages)
- Chapter VI: Patent duration (20 years, extension for regulatory delay)
- Chapter VII: Patent invalidation and trial proceedings
Significance
The Patent Act has been amended to strengthen Japan’s intellectual property framework. Recent amendments introduced patent term extension for regulatory delays and improved protection for pharmaceutical patents. Japan’s patent examination system is considered efficient, with high-quality examinations. The Act’s provisions on patent infringement provide for both injunctions and damages. Japan participates in international patent cooperation through the Patent Cooperation Treaty (PCT) and the JPO’s examination cooperation with other patent offices.