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Japanese Patent FAQs

Depositing Biological Material

1. Is it necessary to deposit biological material on or before the earliest filing date to which the application to be filed will claim priority?

As a preliminary step, please let us know the specific details of the biological material so we may check whether or not deposit of the biological material in question is required.

If required, the deposit of biological material must be made on or before the earliest filing date to which the application to be filed will claim priority. Further, the number of the deposit or the recorded number, which was assigned by an International Patent Organism Depository designated under the Budapest Treaty, must be indicated in the description of the original application.

It will be necessary to file a copy of the international form “Receipt in the Case of an Original Deposit” issued pursuant to Rule 7.1 by the International Depositary Authority with the JPO if the deposit was made with the designated International Depositary Authority under the Budapest Treaty.

Please refer to the following URLs:
https://www.jpaa.or.jp/old/?p=22138
Examination Handbook Appendix B, Chapter 2:
https://www.jpo.go.jp/e/system/laws/rule/guideline/patent/
handbook_shinsa/document/index/app_b2_e.pdf

 

2. Do you handle deposits of biomaterial?

We do not directly handle deposits of biomaterial. For information about making such a deposit, please contact the National Institute of Technology and Evaluation (NITE). They can communicate with you in English. The following URL of the NITE indicates their fees:

https://www.nite.go.jp/en/nbrc/cultures/fee/fee.html
Contact Form: https://www.nite.go.jp/cgi-bin/contact/?cid=00000148&lang=1

We can file a receipt of biomaterial by the NITE and a certificate of depositing biomaterial issued by the NITE with the JPO. We also can provide related services, such as contacting the NITE or translation of document.

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