In Japan, all benrishi (patent attorneys) qualify to render prosecutorial, filing and expert opinion roles regarding IP matters. In terms of litigations, however, their adversarial role is limited to appeals against the Japan Patent Office’s decision. For the benrishi to represent clients in infringement trial proceedings, they must receive higher levels of training and pass a rigorous examination to qualify as a Patent Infringement Litigator. The importance of making certain your benrishi has the capacity of representing you in an adversarial capacity goes without saying should the need arise. But it stands to argue that a patent infringement litigator who has greater knowledge of the adversarial aspects of IP law may be better suited to represent you in all aspects of the patent prosecution process. It is important to keep in mind the two types of patent attorneys that exist in Japan and make an informed choice in finding representation that is right for you.
