Novelty grace period for utility model applications in Japan

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

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)

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

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

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.

25 years

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 Once the original patent application is converted, it will be deemed withdrawn.

10 years

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 Once the original patent application is converted, it will be deemed withdrawn.