Guide for Japanese Patent Application Process

Japan Profile

Japan is an island country in East Asia. It is located in the Pacific Ocean, east of the Sea of Japan, China, North Korea, South Korea and Russia, north to the Sea of Okhotsk, south to the East China Sea and Taiwan Island. Japan is an archipelago consisting of 6,852 islands. The four largest islands are Honshu, Hokkaido, Kyushu, and Shikoku, accounting for approximately 97% of Japan's landmass. Japan's population ranks tenth in the world, with a population of 126 million.

Japanese Intellectual Property Legal System

"Patent Law"
"Utility Model Law"
"trademark law"
"Designs Act"

International Organization/Agreement

WIPO Performances and Phonograms Treaty
WIPO Copyright Treaty
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Trademark Law Treaty
Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
Patent Cooperation Treaty
The Strasbourg Agreement on the International Patent Classification
"Convention Establishing the World Intellectual Property Organization"
Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
Berne Convention for the Protection of Literary and Artistic Works
Paris Convention for the Protection of Industrial Property

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Filing Language

Japanese

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

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)

Japan uses words to directly distinguish patent types. For example, "特" means invention, "実" means utility model, "Yi" means design, "商" means trademark, and different patent application stages are also expressed in words. Specifically, "special wish" means "invention patent application stage", "will" means "design application stage", "special open" means invention patent disclosure stage, "special public" means invention patent granted announcement stage, "licensed" Indicates the invention granted patent number. The combination of the third word and the number before the dash is composed of the year (Japanese calendar/AD calendar) + serial number, namely:
- [Patent Type] + [Application Stage] + [Japanese Chronicle/AD Chronicle] + [-] + [6-digit serial number]

Document Requirements

Filing Language: Japanese

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Japanese Translation
Viability Statement of Microorganism and Japanese Translation
Scanned Copy of Certified Priority Document / DAS
Declaration of Ownership/Certification of Employment/Assignment of priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Japanese Translation
Viability Statement of Microorganism and Japanese Translation
Declaration of Ownership/Certification of Employment/Assignment of priority
Assignment for Patent Right Transfer

Term of Protection

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

Due Date

via Paris Convention: 12 months from the earliest priority date.
via Nationalization of PCT: 30 months from the earliest priority date.

Application Process Flow

JPO conducts formality examination and substantive examination for invention patent applications. The applicant should file a request for substantive examination within 3 years from the filing date. The JPO makes granted decision if it determines after examination that no grounds for refusal have been found.

Novelty Grace Period

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

Grant Average time

1-2 years

Grant and Annuity

Grant fee: The applicant needs to pay the granted fee and 1-3 year annuity within 30 days after receipt of the notification of grant.
Annuity: From the 4th year from the granted date, the annuity will be paid year by year, and the payment can be postponed within 6 months grace period, but need to pay 200% of the annuity of the current year as penalty at the same time. The amount of the annuity depends on the number of Claim, and the annuity can be paid for several years in one lump sum.

Restoration of Priority

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

DAS

Yes

Conversion

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.

实用新型申请流程 Utility Model

Name of Patent Office

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)

Japan uses words to directly distinguish patent types. For example, "特" means invention, "実" means utility model, "Yi" means design, "商" means trademark, and different patent application stages are also expressed in words. Specifically, "special wish" means "invention patent application stage", "will" means "design application stage", "special open" means invention patent disclosure stage, "special public" means invention patent granted announcement stage, "licensed" Indicates the invention granted patent number. The combination of the third word and the number before the dash is composed of the year (Japanese calendar/AD calendar) + serial number, namely:
- [Patent Type] + [Application Stage] + [Japanese Chronicle/AD Chronicle] + [-] + [6-digit serial number]

Document Requirements

Filing Language: Japanese

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Scanned Copy of Certified Priority Document / DAS
Declaration of Ownership/Certification of Employment/Assignment of priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Declaration of Ownership/Certification of Employment/Assignment of priority
Assignment for Patent Right Transfer

Term of Protection

10 years

Due date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 30 months from the earliest priority date.

Application Process Flow

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

Novelty Grace Period

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

Grant and Annuity

Grant fee: The applicant shall pay the granted fee within 30 days after receipt of the notification of granted.
Annuity: The annuity for the 1-3 years must be paid together with the filing fee when the patent application is filed, and the annuity will be paid year by year from the 4th year, the due date of payment corresponds to the date of granted. The payment can be postponed within 6 months grace period, but need to pay 200% of the annuity of the current year as penalty at the same time.

Grant Average time

5-7 months

Restoration of Priority

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

Conversion

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.

DAS

Yes

外观设计申请流程 Design

Name of Patent Office

Japan Patent Office

English: Japan Patent Office, abbreviation: JPO

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

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

Japan uses words to directly distinguish patent types. For example, "特" means invention, "実" means utility model, "Yi" means design, "商" means trademark, and different patent application stages are also expressed in words. Specifically, "special wish" means "invention patent application stage", "will" means "design application stage", "special open" means invention patent disclosure stage, "special public" means invention patent granted announcement stage, "licensed" Indicates the invention granted patent number. The combination of the third word and the number before the dash is composed of the year (Japanese calendar/AD calendar) + serial number, namely:
- [Patent Type] + [Application Stage] + [Japanese Chronicle/AD Chronicle] + [-] + [6-digit serial number]

Document Requirements

Filing Language: Japanese

Necessary documents:

Pictures/Photos of Design (6-sided views)
A Brief Description

Attachments (if any):

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

Term of Protection

25 years

Due Date

via Paris Convention : 6 months from earliest priority date.
via Hague Agreement route: 6 months from earliest priority date.

Application Process Flow

The JPO conducts formality examination and substantive examination for the design patent application. The substantive examination starts automatically, the applicant does not need to file 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).

Novelty Grace Period

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.

Grant and Annuity

Grant fee: The applicant should pay the granted fee and the annuity for the 1st year within 30 days after receipt of the notification of granted.
Annuity: The annuity shall be paid year by year from the 2nd year from the date of granted, and the payment of the annuity may be postponed within 6 months grace period, but a 200% penalty shall be paid at the same time.

Grant Average time

3-6 months

Conversion

Yes. Within 3 years from the filing date, 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.