Japanese Patent Attorney

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2. Scope of Major Business of Japanese Patent Attorneys (benrishi)

(1) Acquisition of industrial property rights

A Japanese patent attorney called benrishi in Japan may represent others regarding procedures with the Japan Patent Office with regard to applications for four types of industrial property rights, patents, utility models, designs, and trademarks, and procedures with regard to the submission of written response to office action provided by the Japan Patent Office after application, and further may represent others regarding licensing negotiation pertaining to industrial property rights.

(2) Requesting trial

A Japanese patent attorney known as benrishi may, if application is rejected, other’s industrial property right is required to be invalidated, or an established patent is amended, represent the applicant or right holder regarding a hearing request with the Japan Patent Office, and also may, if a hearing request for invalidating the industrial property right is made, represent the right holder regarding procedures on the side thereof.

(3) Filing of litigation rescinding a trial decision

A Japanese patent attorney reffered to as benrishi may, in the case of dissatisfaction with the result of a trial decision made by the Japan Patent Office, may file as counsel a litigation rescinding the trial decision with the Intellectual Property High Court.

(4) Import-Export suspension

A Japanese patent attorney so-called benrishi may, with regard to goods infringing on the industrial property right, represent the right holder regarding procedures for filing for import-export suspension with the Customs, and may also, if import-export suspension is filed, make counterargument against filed allegations as an agent of the importer or exporter.

(5) Infringement lawsuit

 A Japanese patent attorney said to benrishi may appear in court as an assistant accompanying the party concerned or the said party’s counsel, present a statement, or examine matters in litigation concerning the infringement of an industrial property right. Furthermore, a patent attorney who has passed the specific infringement lawsuit counsel examination may act as counsel only for cases of infringement lawsuits in which an attorney has been entrusted by one and the same client.

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