Request for Examination in Japan – Japanese Patent Attorneys

Request for Examination in Japan

A Japanese patent application will NOT be examined unless a Request for Examination is filed. You should be careful! If examination is not requested in time, the application will be regarded as having been withdrawn. There is basically no way to revive the application (there is actually a chance to get permission from the JPO under exceptional circumstances, but the chance is extremely low).

Deadline for filing Request for Examination

PCT National Phase 3 Years

from international filing date (not from priority date)
Paris Convention Route 3 Years

from Japanese filing date (not from priority date)
Divisional Application 30 Days or 3 Years

30 days from divisional filing date or 3 years from parent filing date, whichever is later

Government Fee for filing Request for Examination (*N = the number of claims)

Apply to applications filed before April 1, 2019 (PCT: international filing date; Paris Route: Japanese filing date; Divisional: divisional filing date)

Apply to applications filed on or after April 1, 2019 (PCT: international filing date; Paris Route: Japanese filing date; Divisional: divisional filing date)

Please note that the official fee for fling a request for examination simply depends on the number of claims. Hence, it is advisable to delete less important claims or consolidate dependent claims using multi-dependent claims (including multi-multi claims) which are acceptable in Japan.

Half or Two-Thirds Deduction of Official Fees

Please note that the deduction practice regarding Official Fees was recently revised in Japan. Under the new practice, the following applicant may file a request for half or two-thirds deduction of Official Fees without submitting any certificate before the JPO.

Medium and small sized companies, which are not controlled by large enterprise
Individuals who engage in personal business
Universities

In order to check if the present applicant would be eligible for the deduction, we ask our clients to provide payroll number, capital amount, years since establishment. If eligible, we file a request for examination together with a request for deduction. We have actively utilize the new deduction system so far.