Novelty Grace Period for Japanese Invention Patent Application

Submitted by 页之码 on

Inventors have a novelty grace period of 12 months after disclosure (including sale).

专利申请流程

JP Japan

  • Explanation of Japanese Industrial Design Authorization and Annual Fee

    • Grant fee: The applicant should pay the granted fee and the annual fee for the first year within 30 days after receiving the granted notice.
    • Annuity: The annual fee shall be paid year by year from the second year from the date of granted, and the payment of the annual fee may be postponed within 6 months if the annual fee is overdue, but a 200% penalty shall be paid at the same time.

  • Features of Japanese design patent application process

    The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

    • (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).

  • Whether the Japanese invention patent application can be DAS

    yes

  • Instructions for authorization of Japanese invention patent application and annual fee

    • Grant fee: The applicant needs to pay the granted fee within 30 days after receiving the granted notice, which is the annual fee for the first to third years.
    • Annuity: From the 4th year from the date of granted, the annual fee will be paid year by year, and the payment can be postponed within 6 months after the overdue period, but at the same time, 200% of the annual fee of the current year must be paid as a penalty. The amount of the annual fee depends on the number of Claim, and the annual fee can be paid for several years in one lump sum.

  • Novelty grace period for utility model applications in Japan

    Inventors have a novelty grace period of 12 months after disclosure (including sale).

  • Whether a Japanese industrial design application can apply for a combined appearance

    yes. Multiple designs may be included in one design application.

  • How long is the PCT period for a Japanese invention patent application?

    • Inventions under the via Paris Convention : 12 months from the earliest priority date.
    • via Nationalization of PCT inventions: 30 months from the earliest priority date.

  • Characteristics of Japanese invention patent application process

    The JPO conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 3 years from the filing date. The JPO makes an granted decision if it determines after review that no grounds for refusal have been found.

  • Whether the type of Japanese industrial design application can be converted

    yes. Within 3 years from the date of application, or within 3 months from the date of receipt of the rejection decision, the patent type can be changed from design to invention/utility model at the request of the applicant.

    A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

  • Is Japanese Invention Patent Application Type Convertible?

    yes.

    • Within the period of 9 years and 6 months from the date of application for the invention patent, or within 3 months from the date of receipt of the notification of rejection, the patent type of the invention patent may be changed from invention to utility model/design upon request
    • A request to change the patent type from invention to utility model/design can be filed within three months from the date of the JPO’s first decision to reject the application

    A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.