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Japanese Patent & Utility Model FAQs
Exceptions to Lack of Novelty of Invention
1. We disclosed an invention prior to filing a patent application. Is there a grace period in Japan?
There is a six months grace period only if the person having the right to obtain a patent has conducted an experiment, has made a presentation in a printed publication, has made a presentation through electric telecommunication lines, or has made a presentation in writing at a study meeting held by a scientific body designated by the Commissioner of the Japan Patent Office. The application must be filed within six months from the date of disclosure to take advantage of the grace period pursuant to Section 30(1) of Japanese Patent Law (exceptions to lack of novelty of invention). It is necessary to submit a certificate/document proving that the disclosure was made within one of the exceptions. Such a certificate/document and its Japanese translation must be submitted within 30 days from the filing of the application.
If a PCT application is going to be filed, you must file a PCT application designating Japan within six month from the date of disclosure. Also, you must indicate that exceptions to lack of novelty for the invention should be applied at the time of filing the PCT application. Then, you can rely upon the six month grace period based on the PCT application. Within 30 days from the date of entry into the Japanese national phase, you must submit documents to prove that an exception to lack of novelty is applicable.
Please refer to Section 30(1)(3) at the following URL:
http://www.cas.go.jp/jp/seisaku/hourei/data/PA.pdf
For further information, please contact us and let us know the details of a particular situation.