Features of Japanese Utility Model 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.

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

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.

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).

• 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.

yes

• 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.

3-6 months

10 years