Inventors have a novelty grace period of 12 months after disclosure (including sale).
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).
10 years
The JPO conducts formality examination only for utility model patent applications.
20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.
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.
Reinstatement of priority is accepted on grounds of "due care."
- 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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- 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.
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 Once the original patent application is converted, it will be deemed withdrawn.