Patents versus copyright

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As an artist my images and animations are registered with the copyrights office.

This time for the video game I go to the patent office. I file a provisional patent to mark the calendar. The cost as a small inventor is $60.

Should the game be successful I think hire a patent lawyer to file the full patent.

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Yes, you can file your own patent application if you want to but patent lawyer (or agent) knows the law and can better respond to objections.

And if its an important invention don’ t forget about filing in other countries.

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Interesting

But most of the platforms are American.

Europe has no major platforms to sell games.

China might. But the nature of the game is not allowed in China. There is an invasion of Chinese territory by foreigners. No go in China. Verbotin

I depend on the Microsoft store and Meta Quest. There is nothing equal at all elsewhere.

My ah ha moment Japan…Sony. Thanks, if we ever get together I will buy dinner.

adding and Nintendo Japanese.

$130 cost for a patent in Japan.

then

According to available information, the Japan Patent Office (JPO) typically takes around 9-12 months to issue a first office action after a request for examination is filed, with the office action often referred to as a “Notice of Rejection” or “Reason for Refusal” in translation;.

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Setting things here for future reference.

Japanese patent law allows multiple inventions to be included in one patent application if they share a common or corresponding subject matter field (STF). However, the Japanese Patent Office (JPO) has a different approach to this issue.

Here are some other things to consider when using patents in Japan:

  • Multi-Multi Claims: As of April 1, 2022, Multi-Multi Claims are no longer allowed in patent applications. A Multi-Multi Claim is a dependent claim that refers to more than one other claim in the alternative, and depends on any other multiple dependent claims.
  • Unity of Invention: All claims in an application must meet the unity of invention requirement.
  • First to File: If multiple patent applications are filed for the same invention on different dates, the first applicant to file is entitled to the patent.
  • Patentable Inventions: Inventions must be a “creation of technical ideas utilizing the laws of nature” to be patentable.
  • Computer Software: Computer software can be patented in Japan.

Yes, video games can be patented in Japan, but they must meet certain requirements:

  • Novel and inventive: The patent must be novel and inventive to be granted.
  • Uses laws of nature: The software must be a “creation of technical ideas utilizing the laws of nature”. This means that the software must work with hardware resources to achieve a beneficial goal.
  • Non-obvious: The solution to the problem must be non-obvious, even if the hardware used is well-known.

Inventions that cannot be patented in Japan include:

  • Inventions that don’t use the laws of nature
  • Inventions that go against a law of nature
  • Arbitrary arrangements, such as rules for playing a game
  • Mental activities
  • Personal skills
  • The mere presentation of information

Yes, you can file a patent application in Japan in English, as the Japan Patent Office (JPO) allows applications written in English, but you will need to submit a Japanese translation within a specified timeframe after filing.

Key points to remember:

  • Translation requirement:

While you can initially file your patent application in English, you will need to provide a Japanese translation within two months of the filing date.

  • Application documents:

The description of the invention, claims, and relevant drawings can all be written in English.

  • Check with a patent attorney:

Consult with a patent attorney familiar with Japanese patent law to ensure you meet all the necessary requirements.

Yes, you can file a patent application online in Japan through the Japan Patent Office (JPO)'s electronic filing system; the JPO accepts both online and paper submissions, but there may be a digitization fee for paper documents that could be submitted electronically.

Key points about online patent filing in Japan:

  • Electronic filing system: The JPO provides an online platform for submitting patent applications.
  • Paper submissions: While possible, paper documents may incur a digitization fee.
  • Representative required: If you are not domiciled in Japan, you usually need to appoint a representative (like a patent attorney) to handle most procedures.
  • PCT applications: You can enter the Japanese national phase of a PCT application online

There are some exceptions to the rule that you must appoint a representative in Japan to conduct most procedures with the JPO:

  • You can file the initial patent application without a representative.
  • You can pay the annual patent fee for each year, starting with the fourth year, without a representative.

According to Japanese Patent Law, an invention must be considered a “highly advanced creation of technical ideas utilizing the laws of nature” to be eligible for a patent, meaning it needs to be a practical application of natural principles that goes beyond simply observing or describing those principles; this is stated in Article 2 of the Japanese Patent Act.

Key points about this requirement:

  • Definition:

This phrase essentially means that an invention must be a novel and useful technical concept that leverages natural laws to solve a problem.

  • Interpretation:

While the wording might seem broad, the Japanese Patent Office (JPO) interprets this to exclude inventions that are purely theoretical, based on natural phenomena without any inventive step, or simply involve mental processes without a concrete technical application.

  • Comparison with other jurisdictions:

This definition is somewhat unique to Japan and can be seen as a stricter standard compared to other patent systems which may focus more broadly on “novelty” and “non-obviousness”.