While benrishi are often referred to as "patent attorneys" in English, their qualifications differ from patent attorneys in the United States and Germany in some aspects. Benrishi are not necessarily required to possess legal educations. Benrishi also have greater authority than patent specialists in other countries, as they are allowed to represent clients in administrative proceedings and out-of-court bargaining related to IP rights.
The benrishi examination (弁理士試験 benrishi-shiken) covers a broad range of intellectual property law (patent, utility model, design, trademark, treaties, copyright and unfair competition law) and limited fields of law and science. The benrishi examination consisted of three stages. The first stage is the multiple choice exam, the second stage is the essay exam, and the final stage is the oral exam.
As of 2012[update], 9,300 benrishi are practicing in Japan,[1] approximately as many per capita as in the United States. Entrance to the profession is regulated by a low pass rate (about 7% as of 2008; it was less than 3% until about 1997) on the benrishi examination only. The Japan Patent Office and government officials have expressed an interest in attracting more individuals to the profession as part of a broader series of reforms in Japan's legal professions.
Different from a U.S. patent agent, a benrishi is qualified to prosecute trademark applications, assist clients in copyright and licensing matters, and to represent clients in some court proceedings and custom seizure matters.
History
The benrishi profession was adopted from Germanpatent law, which Japan duplicated during the Meiji era. The Benrishi Law (弁理士法 benrishi-hō) was passed in 1921[2] and remained almost unchanged through the end of the 20th century.
In 2001, after a decade of economic stagnation, the Benrishi Law was changed, and the role of the benrishi in the patent system was changed significantly. Benrishi were allowed to represent clients in adversarial proceedings before customs courts and in arbitration. The law was revised again in 2002 to allow benrishi to represent clients in courtroomlitigation, either independently of or in cooperation with attorneys. Benrishi has been qualified to be a legal representative for appealing to the Intellectual Property High Court (the exclusive jurisdiction) representing the client against the adverse decision of Trial Board (consisting of three administrative trial judges) of Japan Patent Office, and even up to the Supreme Court (The Benrishi Law Article 6). Benrishi can also represent the infringement cases if it meets the criteria (The Benrishi Law Article 6bis).
a person who has passed the Japanese patent attorney examination;
a person qualified to become a lawyer
a person who has been engaged in the affairs of examination or trial as an examiner or trial examiner of the Patent Office for a total of 7 years or more
(Article 7 of the Act).
However, a person qualified to become a BENRISHI needs to register as a patent attorney with the Japan Patent Attorneys Association (Article 17 of the Act).
The purpose of the patent attorney examination is to determine whether a person who intends to become a patent attorney has the necessary knowledge and applied skills to become a patent attorney. Those who have passed the patent attorney examination and completed practical training are qualified to become patent attorneys.
The patent attorney examination consists of a written examination and an oral examination, and only those who have passed the written examination may take the oral examination. The written examination consists of a mark-sheet examination and essay-based examination, and only those who have passed the mark-sheet examination may take the essay-based examination.
Only those who have passed the mark-sheet examination may take the essay-based examination. The examination is given in the form of a paper, and the required subjects are laws and regulations concerning industrial property rights (Patent Law, Utility Model Law, Design Law, and Trademark Law), and the following elective subjects.
Science and Engineering I (Mechanics) Mechanics of materials, Fluid Mechanics, Thermodynamics, Soil Engineering
Science and Engineering II (Mathematics and Physics) physics, electromagnetism, circuit theory
Science and Engineering III (Chemistry) Physical chemistry, organic chemistry, inorganic chemistry
Science and Engineering IV (Biology) General biology, biochemistry
Science and Engineering V (Information) Information theory, computer engineering
Law (Laws relating to the practice of patent attorneys) Civil law
This examination is taken by those who have passed the written paper examination. The examination will cover laws and regulations related to industrial property rights.
