9

Japanese Patent System Overview

In his paper

Conditions of the West

published in 1867, Yukichi Fukuzawa

described the Western style patent system to his Japanese readers. In the

following year the Meiji Era began and within four years the “Provisional

Regulations for Monopoly” were established (1871). In the first year there

were no applications in this “patent” system and it was discontinued. The

consensus of opinion was that there were no quality inventions at that time

that would warrant patent protection.

The first Japanese national industrial exhibition was held in 1877. The most

outstanding invention award was presented to Tatsumune Gaun for a

spinning machine. With no protection, his invention was quickly copied and

Tatsumune Gaun received nothing for his invention.

Finally in 1885 a Patent Ordinance was drawn up by Korekiyo Takahashi. It

recognized Japanese patents but not rights of foreigners. The first application

was filed by Zuishou Hotta on July 1 for "Hotta's Method for Rust Stopping

Paint and Painting Method". 424 additional applications were filed in 1885

and ninety-nine patents were granted.

In 1890 The Tokyo Patent Agency was set up in Kanda and Tsukji.

Attorneys jumped on the bandwagon and offered their services.

It was not until 1899 that Japan provided a Patent Law giving foreigners the

right to apply for a patent. Patent Agent Registration Regulations were

established and 138 agents registered by year end.

In spite of opening the doors to foreign patentees, the government feared

issuing patents to foreigners. They were afraid of foreign domination in their

system. This however worked against them because foreign patent

applications by Japanese were rejected in what would seem to be a silent

protest. The Meiji government took steps in 1905 to overhaul the system.

It was fairly common practice in the early years of the overhauled system for

“inventors” to file applications for inventions already in production. In the

tenth year of the Taishô era (1921) a new Patent Law was adopted which

placed emphasis on filing applications earlier.