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Japanese Patent Application FAQs

Before you apply

  1. A filing deadline of a PCT application has passed. Is any patent protection available in Japan?
  2. The present invention was published in printed matter three months ago. Is it possible to file a patent application in Japan?
  3. The present invention was exhibited prior to filing an application in Japan. Is it still possible to file a patent application claming this invention?
  4. Is it possible to file English language applications before the Japanese Patent Office?
  5. How long does it take for a translation of one application?
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When you apply

  1. What is necessary for filing an application (based on the Paris Convention)?
  2. What documents are necessary for filing a PCT application?
  3. Are any executed documents required for filing an application?
  4. Regarding a PCT application, is it possible to substitute the originally filed application with the amended application under PCT Article 34?
  5. Regarding a PCT application, is it possible to file amendments that have not been accepted during the international phase?
  6. Regarding a PCT application, the International Preliminary Examination Report does not show an amendment under PCT Article 34 has been filed even though such an amendment was filed at the international stage. Can the amendment be filed as a PCT Article 34 amendment when entering Japanese national phase?
  7. The ownership of the PCT application has been changed at the international stage. How can this change be recorded before the Japanese Patent Office?
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After you apply

  1. When is the deadline for filing a request for examination?
  2. A request for examination was not timely filed by the due date. Is there any option available for revising the application?
  3. When do filing priority documents become due (under the Paris Convention)?
  4. Why is an identification number assigned to an applicant and how does it work?
  5. When do renewals fees for a patent application have to be paid?
  6. What is the maximum period of protection for a patent?
  7. What documents are necessary for recording a change of the ownership?
  8. What documents are necessary for recording a change of applicant's name and/or address?
  9. In order to record a change of the ownership with the Japanese Patent Office, is it possible to use an assignment document (or sales contract), which was made for transfer of the patent rights in another country?
  10. Is it possible to correct the number of the inventors after filing an application?
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Entry of a PCT application in Japan

  1. The deadline for entering the Japanese national phase has passed. Is there any remedy for entering the PCT application into the national phase in Japan?
  2. The deadline for entering the Japanese national phase has passed. If we disclaim the earliest priority date and the 30 months deadline for the second priority has not yet passed, is it possible to enter the Japanese national phase?
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Claim Format

  1. What types of forms for claims are allowed in Japan?
  2. Does the number of claims affect the cost of filing an application?
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Methods for treatment of the human body

  1. Is there any general prohibition as to the patenting of methods for treatment of the human body by surgery or therapy in Japan?
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Disclosure Requirements

  1. Is it necessary to disclose all material prior art references that we are aware of?
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Application Number for Japanese National Phase of a PCT Application

  1. When is a Japanese patent application assigned an application number?
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Publication

  1. How can I obtain patent publications?
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Examination

  1. When is the deadline for filing a request for examination?
  2. What is the cost for filing a request for examination?
  3. A request for examination was not timely filed by the due date. Is there any option available for revising the application?
  4. When may we expect to receive examination results in a normal application procedure?
  5. How can I find out whether or not an application has been granted a patent?
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Refund of Examination Fee

  1. Is it possible to obtain refund of the official fee for request for examination which has been paid if a decision has been made to abandon the application?
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Expedited Examination

  1. Does the Japanese Patent Office have a practice by which an applicant can petition the Patent Office to expedite the prosecution of a patent application? If so, what are the circumstances that would allow an applicant to expedite the prosecution?
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Amendment

  1. When can an applicant file an amendment in Japan?
  2. When entering the Japanese national phase, can claims be amended or deleted?
  3. Can claims be amended prior to a substantive examination, and if so, when is the deadline for filing such an amendment?
  4. Are there limitations when new claims may be added under Japanese patent law?
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Office Action

  1. When is the deadline for filing a response to an office action?
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Extension of Time

  1. Is it possible to extend the time to respond to an office action titled “Notification of Reasons for Refusal”? What is the cost?
  2. Is it possible to extend the time to respond to an office action titled “Decision of Refusal”?
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Divisional Application

  1. When can an applicant file a divisional application in Japan?
  2. Is it necessary to file a request for examination for a divisional application even though a request for examination has been filed for the original application?
  3. Is it possible to file one or more divisional applications based on the original application?
  4. Can a second divisional application be filed from a first divisional application?
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Appeal

  1. When may we expect to receive a decision in an appeal examination after issuance of the names of the appeal examiners?
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Reviving an Abandoned Case

  1. Is it possible to revive an abandoned patent or patent application and what procedure, circumstances and costs are required to do so?
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Change of ownership, Assignment

  1. What documents are necessary for recording a change in ownership based on an assignment?
  2. The full address of the assignor is not indicated in the assignment document and no one is available to sign a new assignment document. What should we do?
  3. The applicant no longer exists as it became bankrupt. What types of documents are required to record the change of ownership?
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License

  1. Is it possible, or indeed necessary, to officially record details of a Licensee (i.e, not an Assignee) in Japan?
  2. Is it possible to record a Licensee before a patent is granted for a patent application?
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Official Fees

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