Features of Japanese Utility Model Patent Application Process

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• 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 Once the original patent application is converted, it will be deemed withdrawn.

5-7 months

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.

• 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.

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.

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

20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.

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).

yes