Japanese Patent FAQs
Issuance (Registration)Update 2023.1.25
Q.How long before the patent issues after payment of the registration fee?
Patents are normally registered in the JPO 2-3 weeks from when the registration fee was paid. Then, a patent will be issued. Patents are normally issued 4-5 weeks from when the registration fee was paid.
Q.When can a Japanese patent be enforced?
The patentee can enforce a patent against infringers when the patent is registered in the JPO. However, since the JPO does not inform us of the date of the registration in the JPO prior to the issuance, it is difficult to know when a patent will be registered. If you would like to enforce a patent before we receive the patent, it will be necessary for us to perform a daily online check to determine whether or not the patent has been registered.
Q.Is it possible to obtain multiple certified copies of the Japanese patents granted to an applicant ?
No. It is not possible to obtain either multiple certificates of patent or a certified copy of the certificate of patent. The JPO issues only one certificate for one patentee.
However, a certified copy of the JPO register is obtainable. The JPO will stamp/seal the back page of a copy of the register for a patent.
Q.Is there any legal reason why the patentee would need retain the original Certificate of Patent?
A Certificate of Patent has no legal power to prove that its holder has patent rights. Although the original Certificate of Patent is provided by the JPO as evidence of registered rights, the absence of the certificate does not disqualify the right holder from claiming to be the rightful owner (i.e., transferring the Certificate of Patent itself does not transfer patent rights). In other words, the certificate is more like an honorary certificate. In order to prove who has the patent rights, the JPO Register is used, not the holder of the Certificate of Patent.
Q.Is it possible to file a divisional application after receiving a Notice of Allowance from the JPO?
Yes. The applicant may file a divisional application within 30 days of the date of a Notice of Allowance, but before paying the registration fee. A divisional application cannot be filed if an appeal has been filed. It is possible to extend the deadline by 30 days by filing a Request for Extension of Time. (Applies to applications filed on or after April 1, 2007)
Q.When there are co-applicant(s), does the JPO issue multiple certified copies of the Japanese patents granted to the applicants?
Yes. The JPO issues one certified copy of the Japanese patent for each patentee when there is more than one patentee for the patent.