K.WATANABE&ASSOCIATES PATENTS&TRADEMARKS

Regarding patents and devices, we provide agency services for applications and the subsequent procedures. Typical agency services regarding patents / utility models are as follows.

At present, Japan and many foreign countries employ the first-to-file principle, where a patent is granted to the first applicant.Therefore, to obtain a patent / utility model right, it is necessary to file a written description (specification) having the content ofthe invention / device to the Patent Office.
We prepare the specification with accurately grasping the content of the invention / device by conducting an interview, etc., withthe inventor. For clients having a difficulty in conducting an interview, it is possible to prepare a specification if a summarydescribing the content of the invention / device is provided to us.

In a patent application, since no examination is conducted only by filing an application, it is necessary to submit a request for examination to the Patent Office. It is not until the patent application goes through the examination by an examiner in the Patent Office that the patent right is granted. If the notice of reasons for rejection is received by the examiner’s judgment that the application does not meet the requirements for patentability or the like as a result of the examination by the examiner, it is necessary to make a response of amending the content of the invention or the like or rebutting the examiner’s judgment (intermediate work).
According to the client’s intention, we provide an amendment proposal or the like to be able to obtain an appropriate right.

On the other hand, regarding utility models, there is employed a system of registration without examination, where a substantive examination is omitted. However, for the execution of the right against an infringer, presentation of the “Utility Model Technology Assessment” is an obligation. Therefore, it is necessary to request the “Utility Model Technology Assessment”.

Regarding the application about which a judgment of decision of rejection has been made without the result of the reason of rejectionbeing retracted even by the aforementioned intermediate work, appeal against decision of rejection can be requested.
We study whether the decision of rejection made by the examiner is reasonable or not, and, if the application is considered to have apossibility of obtaining the right by a response such as amendment from a result of the study, we prepare the Request for Appeal forrequesting appeal against decision of rejection.