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Key Facts: Benrishi Exam Exam

~6-10%

Final Pass Rate

JPO statistics

3 stages

Short-answer, essay, oral

JPO examination structure

20 years

Patent term from filing

Patent Act Art 67

25 years

Design term from filing (2019 reform)

Design Act

12 months

Paris priority for patents

Paris Convention Art 4

30 months

PCT national-phase entry in Japan

Patent Cooperation Treaty

The Benrishi exam qualifies patent attorneys in Japan and is run by the JPO. It has three stages: a Stage 1 short-answer mark-sheet (multiple-choice) paper, a Stage 2 essay paper, and a Stage 3 oral exam. The Stage 1 short-answer paper tests the Patent Act, Utility Model Act, Design Act, Trademark Act, the Paris Convention and PCT, and related laws (Unfair Competition Prevention Act, Copyright Act). Key Patent Act points include worldwide novelty (Art 29), the first-to-file rule (Art 39), the one-year grace period (Art 30), the three-year examination-request window (Art 48-3), the 20-years-from-filing term (Art 67), six-month post-grant opposition (Art 113), and invalidation/appeal trials before the JPO Appeal Board (Art 121, 123). The final pass rate is commonly around 6-10%, and candidates typically prepare for one to three years. No degree is required to sit, but practical training is needed before registration with the JPAA.

Sample Benrishi Exam Practice Questions

Try these sample questions to review concepts for the Benrishi Exam exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 29(1) of the Japan Patent Act, which standard determines whether an invention satisfies the novelty requirement?

A.The invention must not have been publicly known, publicly worked, or described in a distributed publication or made available over telecommunications lines, anywhere in the world, before the filing of the application

B.The invention must not have been publicly known only within Japan before the filing of the application

C.The invention must not have been described in a Japanese-language publication before the priority date

D.The invention must be commercially successful and not previously sold in Japan

Explanation: Article 29(1) of the Patent Act applies a worldwide (absolute) novelty standard. An invention loses novelty if, before filing, it was publicly known (item i), publicly worked (item ii), or described in a distributed publication or made available to the public over telecommunications lines (item iii), in Japan or any foreign country.

2An invention could have been easily made by a person ordinarily skilled in the art based on prior art available before filing. Which provision bars its patenting and on what ground?

A.Article 39, because an earlier identical application exists

B.Article 32, because the invention is contrary to public order

C.Article 29(1), for lack of novelty

D.Article 29(2), for lack of an inventive step

Explanation: Article 29(2) denies a patent where a person ordinarily skilled in the art could easily have made the invention based on prior art falling under Article 29(1). This is the inventive-step (non-obviousness) requirement, distinct from the novelty bar in Article 29(1).

3Two applicants independently file applications claiming the identical invention on different days. Under Article 39 of the Patent Act, who is entitled to the patent?

A.The applicant who first reduced the invention to practice

B.The applicant who first conceived the invention

C.Only the applicant who filed earliest in time

D.Both applicants, who must share the patent equally

Explanation: Japan applies the first-to-file principle under Article 39. When two or more applications claim the same invention on different filing dates, only the earliest filer may obtain the patent. Where the applications share the same filing date, Article 39 requires the applicants to consult and agree on a single applicant.

4An inventor presented her invention at an academic conference, then wished to preserve patentability. Under the Patent Act grace-period provision (Article 30), what must she do?

A.File a Japanese patent application within six months of the disclosure with no formalities

B.Register the disclosure with the JPO before presenting at the conference

C.File a Japanese patent application within one year of the disclosure and assert the exception, with the prescribed proof

D.Do nothing, because academic disclosures never count as prior art in Japan

Explanation: Article 30 provides an exception to loss of novelty/inventive step for disclosures made by or with the consent of the person entitled to a patent. Since the 2018 amendment, the application must be filed within one year of the disclosure, and the applicant must assert the exception and submit a proving document within the prescribed time.

5Within what period from the filing date may an applicant or any third party request substantive examination of a Japanese patent application under Article 48-3?

A.Three years from the filing date

B.Seven years from the filing date

C.One year from the filing date

D.Examination is automatic and no request is needed

Explanation: Under Article 48-3, a request for examination must be filed within three years of the filing date; the applicant or any third party may file it. If no request is made within three years, the application is deemed withdrawn under Article 48-3(4).

6What is the standard term of a patent right in Japan, measured from which date, under Article 67?

A.Twenty years from the date of registration of establishment

B.Twenty-five years from the filing date

C.Fifteen years from the publication date

D.Twenty years from the filing date of the application

Explanation: Under Article 67(1), a patent right expires twenty years from the filing date of the application. A term extension may be available in limited cases (for example, regulatory delay for pharmaceuticals/agrochemicals, and a separate extension for unreasonable examination delay).

7When may an applicant file a divisional patent application under Article 44 of the Patent Act?

A.Only before the request for examination is filed

B.Only after the patent is granted and registered

C.Within periods when amendments are permitted, plus certain windows after a refusal or allowance decision

D.At any time, even after the patent right has lapsed

Explanation: Article 44 permits a divisional application where the original contains two or more inventions, and it may be filed during periods when the specification, claims, or drawings may be amended, as well as within prescribed windows after a decision of refusal or a notice/decision of grant. A divisional keeps the original filing date for prior-art purposes.

8Article 17-2(3) restricts amendments to the specification, claims, or drawings. What is the core limitation it imposes?

A.Amendments may add any subject matter so long as the claims become narrower

B.Amendments are prohibited entirely after the request for examination

C.Amendments must not add new matter beyond the scope of the matters disclosed in the originally filed documents

D.Amendments may broaden the claims freely before the first office action

Explanation: Article 17-2(3) prohibits adding new matter: an amendment must stay within the scope of the matters described in the description, claims, or drawings as originally filed. Adding subject matter beyond the original disclosure is a ground for refusal and, after grant, can support invalidation.

9Under Article 36(6)(ii) of the Patent Act, the claims must be 'clear.' Which other requirement of Article 36(6) demands that each claim be supported by the detailed description?

A.The support requirement under Article 36(6)(i)

B.The enablement requirement under Article 36(4)(i)

C.The unity-of-invention requirement under Article 37

D.The best-mode requirement

Explanation: Article 36(6)(i) is the support requirement: the matter stated in each claim must be disclosed in the detailed description of the invention. It is distinct from the clarity requirement (Article 36(6)(ii)) and from the enablement requirement of Article 36(4)(i), which concerns whether the description enables a skilled person to carry out the invention.

10A third party wishes to challenge a granted patent shortly after grant through the JPO's post-grant opposition system under Article 113. What is the time limit to file the opposition?

A.Within two months from publication of the patent gazette

B.Within thirty days from the registration of establishment

C.At any time during the life of the patent

D.Within six months from publication of the patent gazette

Explanation: The patent opposition system (reintroduced in 2015) under Article 113 allows anyone to file an opposition within six months from the date of publication of the patent gazette. It is examined by a panel of administrative patent judges in the JPO Trial and Appeal Department.

About the Benrishi Exam Exam

The Japan Patent Attorney Examination (Benrishi) is the national qualifying examination for becoming a registered patent attorney (benrishi) in Japan, administered by the Japan Patent Office. It is a three-stage examination: a Stage 1 short-answer (tantou-shiki) multiple-choice mark-sheet paper, a Stage 2 essay examination, and a Stage 3 oral examination. The required subjects are the four industrial property statutes (Patent Act, Utility Model Act, Design Act, and Trademark Act) together with the Paris Convention, the PCT, and related laws such as the Unfair Competition Prevention Act and the Copyright Act. With a final pass rate commonly around 6-10%, it is one of Japan's most demanding professional examinations.

Exam sponsor: Japan Patent Office (JPO), with the Japan Patent Attorneys Association (JPAA). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Multi-hour short-answer paper (Stage 1), plus separate essay and oral stages

Passing Score

Set per administration by the JPO examination board

Exam / Certification Fees

JPO application fee (confirm at jpo.go.jp)

Exam sponsor website

Reported exam pass rate: ~6-10%. final pass rate across all three stages (JPO statistics) This describes exam candidates, not OpenExamPrep users or results from using our resources. Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

25%

Patent Act

Patentability under Art 29 (worldwide novelty), inventive step Art 29(2), enlarged prior art Art 29-2, first-to-file Art 39, grace period Art 30, examination request Art 48-3, amendment/new matter Art 17-2, term Art 67, opposition Art 113, invalidation Art 123, appeal against refusal Art 121, injunction Art 100, damages presumptions Art 102, employee inventions Art 35

10%

Utility Model Act

Protectable devices (article shape, structure, or combination), non-substantive registration, ten-year term from filing, the Utility Model Technical Opinion (Art 12) as an enforcement prerequisite, enforcement liability for invalidated rights, and conversion between application types

15%

Design Act

Definition of a design (aesthetic appearance), 25-years-from-filing term (2019 reform), novelty and creative difficulty Art 3, scope and similarity Art 23, related designs, partial designs, secret designs Art 14, set-of-articles designs, and image/building/interior designs

20%

Trademark Act

Distinctiveness Art 3 and acquired distinctiveness Art 3(2), grounds for refusal Art 4 (including well-known marks and confusion), ten-year renewable term, two-month opposition, non-use cancellation Art 50, Nice classification, exclusive right Art 25, deemed infringement Art 37, and non-traditional marks (2015)

15%

Paris Convention & Treaties

Right of priority Art 4 (12 months patents/utility models, 6 months designs/trademarks), national treatment Art 2-3, independence of patents Art 4bis, well-known marks Art 6bis, the telle quelle clause Art 6quinquies, Madrid Protocol, Hague Agreement, TRIPS minimum standards, and the Patent Law Treaty

15%

PCT & Related Laws

PCT international application, 30-month national-phase entry in Japan, International Search Report and Written Opinion, PCT amendments Art 19/34, translation requirements; plus the Unfair Competition Prevention Act (trade secrets, well-known indications, dead-copy) and Copyright Act basics (automatic protection, life-plus-70 term, moral rights)

Preparing for the Benrishi Exam Exam

What You Need to Know

Passing score: Set per administration by the JPO examination board
Assessment: Question count not published by the exam provider
Time limit: Multi-hour short-answer paper (Stage 1), plus separate essay and oral stages
Exam / certification fees: JPO application fee (confirm at jpo.go.jp) Official sources

Using Our Practice Resources

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Benrishi Exam: Suggested Study Strategy

1Memorize key Patent Act articles: novelty Art 29, enlarged prior art Art 29-2, inventive step Art 29(2), and first-to-file Art 39

2Know the procedural deadlines cold: three years to request examination (Art 48-3), 18-month publication (Art 64), six-month patent opposition (Art 113), and three-month appeal against refusal (Art 121)

3Distinguish the four rights' terms: patents 20 years from filing, utility models 10 years from filing, designs 25 years from filing (2019 reform), trademarks 10 years renewable

4Master the Paris Convention priority periods: 12 months for patents and utility models, 6 months for designs and trademarks

5For PCT, lock in the 30-month national-phase entry deadline for Japan and the Article 19/34 amendment routes

6Study Trademark Act Article 3 (distinctiveness) and Article 4 (grounds for refusal), plus the three-year non-use cancellation under Article 50

7Remember the Design Act 2019 reform additions: image (graphic), building, and interior designs, and the related-design filing window

8Know the Unfair Competition Prevention Act trade-secret elements (secrecy management, usefulness, non-public) and the three-year dead-copy protection

Frequently Asked Questions

What is the Japan Patent Attorney Examination (Benrishi)?

It is the national qualifying examination administered by the Japan Patent Office to become a registered patent attorney (benrishi) in Japan. It has three stages: a short-answer (tantou-shiki) multiple-choice paper, an essay examination, and an oral examination.

What does the Stage 1 short-answer exam cover?

The short-answer mark-sheet paper tests the four industrial property statutes (Patent Act, Utility Model Act, Design Act, Trademark Act) together with the Paris Convention, the PCT, and related laws such as the Unfair Competition Prevention Act and the Copyright Act.

How many questions are on the Benrishi exam?

The JPO does not publish a single fixed question count for the short-answer paper, and the format varies by administration. Our 100 practice questions are weighted across the tested statutes and treaties to mirror the exam's coverage.

What is the pass rate?

The final pass rate across all three stages is commonly around 6-10%, making the Benrishi one of the most difficult professional examinations in Japan. Many candidates study for one to three years, often through preparatory schools.

Do I need a particular degree to take it?

No degree is formally required to sit the examination. Many candidates have technical or scientific backgrounds, and elective technical subjects are available at the essay stage, but they are not a prerequisite to register for the exam.

How should I prepare for the short-answer stage?

Focus on precise article references and procedure: Patent Act novelty (Art 29), first-to-file (Art 39), examination request (Art 48-3), opposition (Art 113) and trials (Art 121, 123); the Design Act 2019 reform; Trademark Act grounds for refusal (Art 4) and non-use cancellation (Art 50); and Paris/PCT priority and national-phase deadlines.

Free Practice Questions for Benrishi Exam

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