Japanese Software Patent

Hi Kai

I'm a New Zealand patent attorney helping businesses protect and commercialise their IP. My understanding is that software is patentable in Japan, provided it meets the usual tests for novelty (not known, published or used anywhere prior to the application date) and inventive (not obvious in light of what has gone before). Often software patents struggle on the inventive/obviousness issue. So much will depend on what exactly your software does, and whether it is just computerizing a normal human transaction, or is doing something a bit different. Ultimately, you should take advice from a Japanese patent attorney - although there is no real need to do that right now - you can file a provisional patent application in your home market, which buys you 12 months to decide which other countries to go into. You can extend that flexibility and timeline further by filing a PCT application, which will give you another 18-19 months to decide which countries are most relevant.

Other protection means include copyright in the source code - this protects copying of the code, but doesn't stop someone from using the same idea and writing their own code.

Of course, you should also consider registering your brand/software name as a trademark in important countries too.

Good luck with it!