Starting March 30, 2000, now you can obtain machine translations (English) of first publications (unexamined JP-A publication) from the JPO web site (http://www.jpo-miti.go.jp), free of charge. An English abstract of a JP-A publication is displayed on screen from the PAJ (Patent Abstracts of Japan) page. Then, click "DETAIL" button at the upper right corner. You can see a JP publication in English. Also, see JPO announcement: (http://www.jpo-miti.go.jp/infoe/paj_15.htm)

Japan has a laid-open (kokai) system in which a Japanese patent application is automatically laid open 18 months after the filing date or the earliest priority date. If the laid-open invention is infringed after the kokai but before the grant of the patent, the applicant is entitled to sue an infringer for reasonable royalty if and after the patent is granted. However, this right to recover reasonable royalties can only be claimed if the infringer is informed of the publication after the patent application is laid open, for example, by means of a warning letter. 

Under the new Patent Law effective from January 1, 2000, an applicant may request the JPO to lay open the unexamined application even before 18 months from the filing date or the earliest priority date. 

If a patent application is laid open earlier than 18 months, the applicant is entitled to demand compensation earlier for the unauthorized working of the claimed invention, once the patent issues. The earlier the application is laid open, the earlier the applicant can send a warning letter to an infringer to establish the staring point of recovering damage.

The earlier the application is laid-open, the earlier the prior filing status is established over the later filing, if both filings relate to the same invention on the basis of the whole content approach (Section 29bis bar).

The applicant for a PCT application can enjoy the earlier provisional protection for demanding compensation, if a Japanese translation of the PCT application is laid-open earlier.

The rules and regulations implementing the Madrid Protocol came into effect on March 14, 2000. As from this date, the Madrid Protocol system was effective for international trademark registration of trademarks for Japan.

A Madrid Protocol application designating Japan is deemed to be a trademark application filed on its international registration date. When Japan is designated sometime later than the international filing date, the application in Japan is deemed to have been filed on the date of the designation. According to the Japanese Trademark Law and practices, Madrid Protocol applications designating Japan are basically treated like regular trademark applications.

Some amendments to the Cabinet Ordinance (enforcement orders) were published on the JPO Web site (Japanese language only) on December 10, 1999. According to the new Section 16 of the Japanese Trademark Law, if a trademark application falls under the reasons of rejection, the Examiner must notify the applicant of the reason for rejection within 18 months from the filing date. However, according to the amended Section 2 of the Ordinance of the Cabinet, there are some exceptions as follows:

(1) When a trademark application does not comply with the requirements of Section 6 (1) and/or 6 (2) of the Japanese Trademark Law and the applicant amends the specification to overcome the rejection, the Examiner must notify the applicants of other reason for rejection, if any, within 18 months from the date the amendment was filed.

(2) In the case of a divisional application, a converted application, a new application for trademark as amended, or an application for the goods or services exhibited at the exhibition, the Examiner must notify the applicant of the reason for rejection within 18 months from the filing date of such an application, but not from the filing date of the original (parent) application.

(3) In the case of a Madrid Protocol application, the Examiner must notify the applicant of the reasons for rejection within 18 months from the date the designation of Japan was reported from the international bureau to the JPO, but not from the international registration date.

As from January 1, 2000, the JPO started an electronic filing system for trademark applications. Applications must be filed in HTML format with pictures submitted in one of three formats: GIF, BMP, or JPEG.

The electronic filing system allows an applicant to file the design in full color, if the design is in JPEG format. In addition, an amendment and / or an argument may also be filed electronically. To promote online filing, the JPO imposes an extra charge on traditional paper filings. Design applications can also be filed online.