1. Procedures for getting Patent in Japan
- (a) Filing a patent application
- (b) Filing a request for examination
- (c) Filing Remarks and/or Amendment if receiving a "Notification of Reasons for Refusal"(i.e. Office Action)
- (d1) Pay Patent registration fee if receiving a "Decision to grant a patent"(i.e. Allowance)
- (d2) Filing Appeal if receiving a "Decision of Refusal", or abandon
2. Patent Application
- Language of applications is Japanese. However, English applications are acceptable if Japanese translations are filed within 2 months as of the filing date.
- Provisional applications are not acceptable in Japan.
3. Request For Examination
- Request For Examination can only be filed within 3 years as of the filing date. No extension.
4. Requirements of Patentablity
- (a) Novelty -- Patent Law SS29
- (b) Inventive Step -- Patent Law SS29
- (c) Industrial Applicability -- Patent Law SS29 and SS2
- (d) Without disclosure of the same invention in an other's prior application -- Patent Law SS29bis
- (e) First filing -- Patent Law SS39
- (f) Description requirements of Specification -- Patent Law SS36
5. Priorities
- Three types of priorities can be claimed:
- (1) Paris Convention/International priority,
- (2) WTO-TRIPs/International priority, and
- (3) Domestic.
- The term of every priority is one year.
- In case of claiming domestic priority, original application is automatically abandoned.
6. Entry into national stage of PCT application
- Due date of the entry is the date in 30 months as of the priority date. There is no extension. However, Japanese translation may be filed within 2 months as of the entry date, not the due date.
7. Fee schedule of Japan Patent Office (after April 1st, 2005)
Estimated Exchange Rate: 1US$ = 100-120JPY, 1EURO=130-140JPY
7.1. Application
- Patent application: JPY16,000
- Foreign Document Application: JPY26,000
- Entry into the national phase in Japan (for intl applications filed on or after April 1st, 2004): JPY16,000
7.2. Request for Examination (for patent applications filed on or after April 1st, 2004)
- Request for examination: JPY168,600 + JPY4,000 per claim
- -for PCT National Stage with intl search report by JPO: JPY101,200 + JPY2,400 per claim
- -for PCT National Stage with intl search report by an ISA other than JPO: JPY151,700 + JPY3,600 per claim
7.3. Annual fee / Registration fee
--For patent applications requested for examination on or after April 1st, 2004
- 1-3rd year: annually, JPY2,600 + JPY200 per claim
- 4-6th year: annually, JPY8,100 + JPY600 per claim
- 7-9th year: annually, JPY24,300 + JPY1,900 per claim
- 10-25th year: annually, JPY81,200 + JPY6,400 per claim
(Dec26,2005)