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Japanese Patent Application FAQs
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?
In a case where the PCT national phase 30 month date has already passed, there is no way to enter this 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?
There is no way to disclaim the earliest priority date at the national office level (at the Japanese Patent Office). Also, it is no longer possible to withdraw a claim of priority in the international stage according to PCT Rule 90 bis. 3. Such a request should have been filed within 30 months from the earliest priority date.