To record a change in ownership, it is necessary to file an assignment document and a power of attorney with the Japanese Patent Office.
The Japanese Patent office will not accept a photocopy of an assignment document. If you would like to use an assignment document that was used in your country, please provide us with the original assignment document or a certified copy of the assignment document, i.e., a copy of the original accompanied by a notarial certificate stating that the copy is a true copy of the original. In that case, the full address of the assignor and Japanese patent application number (or PCT application No.) should be indicated in the assignment document. Otherwise, the Japanese Patent Office will not accept the assignment document.
In addition to an assignment document and a power of attorney, it is necessary to file a notarized copy of a certificate proving that the assignor had an address at the recorded address in the Japanese Patent Office and that the corporation is identical to the one in the assignment document.
If a bankruptcy trustee can sign an assignment document, such an assignment document is acceptable to the Japanese Patent Office. In that case, it is necessary to file a certificate to prove the trustee is a lawful representative for the assignor as well as the assignment document and a power of attorney.
There is no set time frame for recordation of an assignment.
However, if during prosecution the applicant wishes to file an appeal, a Power of Attorney must be submitted and in order to submit the power of attorney it is necessary to record the assignment.
Further, if your client would like to enforce the patent rights, any change of ownership first must be recorded at the JPO.
We recommend an assignment be recorded at your earliest convenience, since sometimes the original assignment document executed between the parties is insufficient to file with the JPO and we need to obtain a newly signed assignment for recordation purpose.
For issued patents, it takes about two weeks from the date the assignment is filed until it is recorded and about one month until we receive notice thereof from the JPO.
For patent applications, it takes about two months from the date the assignment is filed until it is recorded (the JPO will not issue any notice thereof for patent applications).
For issued patents, the JPO will issue a Notification of Completion of Patent Registration when a transfer of the patent right has been registered at the JPO. Such a confirmation document will not be issued for patent applications.
No. Unlike the USPTO, the JPO will not accept legal documents using an electronic signature. The signature must be original.
Yes. If an assignment document has been filed with the JPO, anyone will be able to gain access to the information by obtaining the file history through the JPO website or the file wrapper from the JPO database.