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Convention Applications (Paris Route)

Requirements for applications:

Notes:
  1. To secure a filing date when there is a very short time for translation, it is possible to file an application in English with the JPO. In this case, we must file a translation within two months from the filing date.
  2. In Japan, examination is carried out only on applications for which a request for examination has been filed. A request for examination should be filed within three years(*) from the filing date. Otherwise, an application is deemed to be withdrawn.
  3. It is not necessary to file a copy of an assignment from inventors to applicants (owners) to obtain a filing date.
  4. Please note that if we receive a Priority Document before filing an application with the Japanese Patent Office, there is no charge for late filing of documents. However, there is a charge of JY12,000 for a document filed late.

* The time limit of seven years for substantial examination has been changed to three years as of October 1, 2001.

According to the amended law, the term during which a request for substantial examination of a patent application has been changed from seven years to three years, effective October 1, 2001. This term change applies to new patent applications filed on or after October 1, 2001. As for pending patent applications (filed before October 1, 2001), the time limit of seven years remains unchanged. Please refer to the following details:

(a) Convention Applications (Paris Route)

As for patent applications claiming priority under the Paris Convention, if the Japanese filing date is on or after October 1, 2001, the time limit of three years is measured from the Japanese filing date, not from the priority date.

(b) Japanese National Phase of International Applications (PCT Route)

As for the international applications filed under the Patent Cooperation Treaty (PCT), if the international filing date is on or after October 1, 2001, the time limit of three years is measured from the international filing date.

(c) Divisional Application or Converted Application

As for the divisional applications or converted applications (from utility model registration applications to patent applications), if the filing date of the parent application is on or before September 30, 2001, the time limit of seven years is applied and measured from the filing date of the parent application.