Novelty Grace Period for Japanese Invention Patent Application

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

  • 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

  • Characteristics of Japanese invention patent application process

    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.

  • Is a utility model application in Japan eligible for DAS?

    yes

  • Is Japanese Utility Model Application Type Convertible?

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 Once the original patent application is converted, it will be deemed withdrawn.

  • 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 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

  • Can the priority right of Japanese invention patent application be restored?

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

  • Whether the Japanese invention patent application can be DAS

    yes

  • Can the priority right of utility model application in Japan be restored?

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

  • How long does it take for a Japanese invention patent application to be granted?

    1-2 years