IP NEWS:SOEI Patent & Law Firm

The Japan Patent Attorneys’ Association (JPAA) is implementing a system of providing loans or grants to inventors to aid them in obtaining the assistance of patent attorneys. This system applies to those will have difficulty in paying expenses in preparing and prosecuting patent applications for financial reasons. Even non-Japanese inventors may take advantage of this system. But in order to make it practically possible for the JPAA to review requests for financial aid, it is necessary to be able to contact foreign applicants directly in Japanese within Japan.

To qualify for a loan under this aid system, “the inventor himself must be willing to practice the invention or allow others to practice it.” Inventors who qualify for grants need not fulfill this condition, but before making a grant, the JPAA must determine that the invention can be expected to have a “considerable technical effect.” The loan system applies also to small-to-medium size companies under the small-to-medium size business law.

The aid system is independent of any reduction in or exemption from fees as provided by the Patent Law and is intended to provide sufficient funds to cover both JPO official fees and the patent attorney’s service fees. Furthermore the terms and conditions for obtaining a loan or grant under this system are much less stringent than those for a reduction in or exemption from the official fees under the Patent Law. This aid system, therefore, provides inventors with limited financial resources with an opportunity to obtain useful patent rights.

In order to take advantage of this aid system, it is necessary to make application to the Japan Patent Attorneys’ Association and to have the application approved.