I. International Stage:

When we receive instructions from our clients to file a national phase entry based on a PCT application, we check the WIPO database to confirm whether “PCT/IB/306: Notification of the Recording of a Change” (the “IB306”) has been issued.

I-i. If the IB306 has been issued, we file the Japanese national phase entry in the name of the new applicant. There will be no additional cost incurred.

I-ii. In the meantime, even if the IB306 has not been issued, there may be instances where an applicant has filed a request for recordal of assignment with the WIPO, but the procedure has not yet been completed in the international stage.

Even in such a case, it is possible to file the Japanese national phase entry in the name of the new applicant. However, in this case, additional documents and fees are required, as explained below.

• Required Documents:

1. Assignee’s Power of Attorney; and
2. Original Assignment (to be executed by Assignor).

Regarding document 1, please note that an original copy of the Assignment is required, that is, an electronic copy is not acceptable. Upon request, we prepare an assignment form on our end to help avoid any unnecessary translation costs.

Regarding document 2, as you may know, the JPO no longer requires an original copy of a signed Power of Attorney. We kindly request that you refer to the link below for further information: Japanese New Practice regarding Power of Attorney – Japanese Patent Attorneys | Allegro IP (allegropat.com)

• The estimated cost of recording the assignment would be:

1. Attorney’s fee: JPY 30,000
2. Official fee: JPY 4,200

II. Japanese National Phase:

II-i. Assignment of Pending Application

In order to record assignment of a patent application in Japan, the following are required:

• Required Documents:

1. Assignee’s Power of Attorney; and
2. Original Assignment (to be executed by Assignor).

• Estimated Costs:

1. Attorney’s fee: JPY 30,000
2. Official fee: JPY 4,200

II-ii. Assignment of Registered Patent

In order to record assignment of a registered patent in Japan, the following are required:

• Required Documents:

1. Assignee’s Power of Attorney; and
2. Original Assignment (to be executed by Assignor).

• Estimated Costs:

1. Attorney’s fee: JPY 40,000
2. Official fee: JPY 15,000

We believe the above comments will be clear to you.  Should you have any further questions, please do not hesitate to contact us.