• Patent fees

Fees associated with Japanese PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Japan

The time limit for Japanese PCT national phase entry is 30 months from the date of priority. Restoration of the said term is possible in case of non-intentional delay. 

• Filing requirements in Japan

A patent application may be filed in English; however, a Japanese translation must be provided within two months from entering the Japanese PCT national phase. Restoration of the said term is possible in case of non-intentional delay.

For obtainment of the filing date, a Japanese national phase patent application must contain:
- a request to grant a patent in Japan;
- application materials in English or Japanese;
- applicant's and inventor's details.

To confirm the priority right, an applicant must submit a certified copy of the Priority Document within 16 months from the priority date or inform DAS code during progressing of PCT application to WIPO or the Receiving Office. If the applicant executes such proceeding during the term, an applicant doesn’t need to submit a certified copy of the Priority Document and/or DAS code to the JPO. If the applicant had missed the proceeding during progressing of PCT application, it is possible to submit a certified copy of the Priority Document to the JPO within 32 months from the first priority date. The JPO does not permit to provide DAS code at this stage.

The Power of Attorney is not required for entry into Japanese PCT national phase. It is required to provide the POA for some special proceedings, such as assignment and appeal filing.

• Examination of a PCT national phase patent application in Japan

Patent applications in Japan are examined as to compliance with formal and substantive requirements. A request for substantive examination must be filed within three years from the international filing date of the PCT application. Restoration of the said term is possible in case of non-intentional delay. It is also possible to request accelerated examination under PPH.

• Opposition period

An opposition against a patent registration in Japan may be filed by an interested party within 6 months from the date of its publication on condition of payment of the corresponding fee.

• Novelty grace period

Any form of disclosure (including sales) by the inventor within twelve months prior to the international filing date does not disprove the novelty of an invention. The applicant has to file a request for a novelty grace period at the time of Japanese PCT national phase entry and submit a certificate of the disclosure within 30 days thereof.

• Grant, validity term and maintenance fees

The official grant fee for a patent in Japan should be paid within 30 days from the date of receipt of the Notice of Allowance. The annuities for the first three years should be paid simultaneously with the grant fee. The maintenance fees for the fourth and subsequent years must be paid annually before the anniversary of the original grant date. Late payment is possible within 6 months with a 100% surcharge. Restoration of the said term is possible in case of non-intentional delay. The annual maintenance fee depends on the number of claims. It is possible to pay the annuities in an accumulated manner. 

• Duration of registration procedure

Approximate time from filing a request for examination up to grant is one year.

• Utility Model

In Japan, inventions may be protected as utility models. In order to be registrable as a utility model, the invention must be a device that is related to the shape or structure of an article or combination of articles, industrially applicable, and characterized by creative technological concepts based on natural laws and rules. Utility models in Japan are subject to formal examination only. The validity term of a utility model in Japan is 10 years from the filing date.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform patent prosecution in Japan through a registered Japanese patent attorney.

•  Note

Online Database for Japanese Patents and Utility Models.

Brief summary is based on the information provided by YuNeed International Patent Office on 05.02.2024
Please contact us if the above information is not in conformity with Japanese IP Laws