How long is the protection period for utility model applications in Japan?

Submitted by 页之码 on

10 years

专利申请流程

JP Japan

  • 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

  • What are the requirements for Japanese utility model 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. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
    4. 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. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer

  • Features of Japanese Utility Model Patent Application Process

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

  • Is Japanese Utility Model Application Type Convertible?

    yes.

    • Within 3 years from the filing date, the patent type can be changed from utility model to invention upon request of the applicant
    • Utility model patents can be converted to design patents at any time

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 Once the original patent application is converted, it will be deemed withdrawn.

  • 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.

  • How long is the protection period for utility model applications in Japan?

    10 years

  • Which is the competent authority for Japanese invention patent applications?

    Japan Patent Office

    English: Japan Patent Office, abbreviation: JPO

    Website: Japan Patent Office (jpo.go.jp)

    Japanese Invention Patent Search: Japan Platform for Patent Information｜J-PlatPat [JPP] (inpit.go.jp)

  • Whether the Japanese invention patent application can be DAS

    yes

  • 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.

  • 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.