Is Japanese Utility Model Application Type Convertible?

Submitted by 页之码 on

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 Once the original patent application is converted, it will be deemed withdrawn.

专利申请流程

JP Japan

  • Features of Japanese Utility Model Patent Application Process

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

  • 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

  • What are the requirements for Japanese utility model 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. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
    4. 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. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer

  • 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.

  • 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.

  • What are the requirements for Japanese industrial design application documents?

    Filing Language: Japanese

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer

  • Is Japanese Invention Patent Application Type Convertible?

    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.

  • Novelty grace period for utility model applications in Japan

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

  • Whether a Japanese industrial design application can apply for a combined appearance

    yes. Multiple designs may be included in one design application.

  • 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.