Can the priority right of Japanese invention patent application be restored?

Submitted by 页之码 on

Reinstatement of priority on grounds of "due care" accepted.

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.

  • 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.

  • How long is the PCT deadline for utility model applications in Japan?

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

  • 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.

  • Features of Japanese Utility Model Patent Application Process

    The JPO conducts formality examination only for utility model patent applications.

  • What are the requirements for Japanese invention patent application documents

    Filing Language: Japanese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its Japanese translation
    3. Microorganism survival certificate and its Japanese translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Japanese national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its Japanese translation
    6. Microorganism survival certificate and its Japanese translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer

  • Novelty grace period for industrial design applications in Japan

    The design does not lose its novelty if it is disclosed by the designer in Japan within 12 months from the filing date/priority date.

  • Can the priority right of Japanese invention patent application be restored?

    Reinstatement of priority on grounds of "due care" accepted.

  • Novelty Grace Period for Japanese Invention Patent Application

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

  • 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).