How to get patent in Japan

The general procedures, timelines, and costs to get a patent protection in Japan are summarized hereinbelow. We hope the information will be of some help to you. If you have any questions, please do not hesitate to contact us. 

  1. PCT National Phase Entry into Japan
  2. Request for Examination
  3. Response to Office Action
  4. Appeal against Decision of Rejection
  5. Registration and Renewal

1. PCT National Phase Entry into Japan

(1) Due Date

In order to file the national phase entry of a PCT application, it is required to file a Petition for Entry within 30 months from the international filing day or the priority date, whichever is later.

A full Japanese translation must be filed within 2 months from the date on which the petition is filed.

(2) Fee:

  • Basic Filing Fee: JPY60,000
  • Government Fee: JPY14,000
  • Translation Fee: JPY25 x N (the number of English words)

2. Request for Examination

(1) Due Date

A request for examination can be filed at any time within 3 years from the international filing date.

Under the Japanese patent practice, a patent application will not be examined unless a request for examination is filed. If examination is not requested in time, the application will be regarded as having been withdrawn.

(2) Fee:

  • Government Fee: JPY106,000 (basic fee) + JPY3,600 x N (the number of claims)
  • Attorney’s Fee: JPY30,000

3. Response to Office Action

(1) Due Date

We receive a first office action from the Japan Patent Office usually within 10-12 months after the request for examination. We receive at least one office action in almost every case. In response to an office action, we have to file a response within 3 months, which can be extended up to 6 months if necessary.

(2) Fee

  • Attorney’s Fee: JPY 180,000 (approximately) (including English translation of Office Action, comments and proposals, amendments, and arguments)

4. Appeal (Response to Decision of Rejection)

(1) Due Date

If grounds for rejection raised in the Office Action are not overcome, we receive a Decision of Rejection. In this case, it is required to file an appeal within 4 months (non-extendable).

More specifically, it is required to file a Notice of Appeal within 4 months, and an Amendment can be filed only at the time of the filing of the Notice of Appeal. An Appeal Brief can be filed later. However, in practice, we usually file a Notice of Appeal, an Amendment, and an Appeal Brief, on the same day.

(2) Fee

  • Government Fee: JPY49,500 (basic fee) + JPY5,500 x N (the number of claims)
  • Attorney’s Fee: JPY 250,000 (approximately) (including English translation of Decision, comments and proposals, notice of appeal, amendments, and appeal brief)

5. Post Allowance

(1) Due Date

If the examiner considers that the application is in condition for allowance, we receive a Decision to Grant. In this case, we have to pay the registration fee (first three annuities) within 30 days. Please note that the registration fee must be paid at once for three years for all the claims.

(2) Fee

(i) Registration

  • Government Fee: JPY6,300 (basic fee) + JPY600 x N (the number of claims)
  • Attorney’s Fee: JPY 30,000

(ii) Renewals

  • Government Fee: (1) [each year from 4th to 6th year] JPY6,400 + JPY500 x N; (2) [each year from 7th to 9th year] JPY19,300 + JPY1,500 x N; (3) [each year over 10th year] JPY55,400 + JPY4,300 x N
  • Attorney’s Fee: JPY 30,000

(3) Extension / Late Payment

It is possible to file a request for 30 days extension of the term for paying the Registration Fee / Maintenance Fee.

Further, even if the original due date expires, it is possible to extend payment up to 6 months after the due date with payment of a surcharge, which is the same amount as the official fee. 

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