Novelty grace period for utility model applications in Japan

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

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 Once the original patent application is converted, it will be deemed withdrawn.

  • 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 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 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).

  • Features of Japanese Utility Model Patent Application Process

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

  • 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.

  • 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

  • Which is the competent authority for utility model patent applications in Japan?

    Japan Patent Office

    English: Japan Patent Office, abbreviation: JPO

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

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

  • How long does it take to authorize an industrial design in Japan?

    3-6 months

  • Explanation of Japanese utility model application authorization and annual fee

    • Grant fee: The applicant shall pay the granted fee within 30 days after receiving the granted notice.
    • Annuity: The annual fee for the first to third years must be paid together with the application fee when the patent application is filed, and the annual fee will be paid year by year from the fourth year, and the payment period corresponds to the granted date. 200% of the year's annual fee paid within the month is a late fee.