Topics on PCT national phase entry into Japan

Practice Tips when filing PCT National Phase Entry into Japan:

1) Effect of early filing of PCT national phase entry into Japan:

The early filing of the national phase entry has an effect on the deadline of submission of the translation. When the national phase entry is made between 28 months to 30 months from the priority date, the deadline of translation is two months from the date of the national phase entry. (If the national phase entry is made earlier than 28 months from the 30-month deadline, the deadline of translation is 30 months from the priority date.) That is, if we enter the national phase on February 17, 2018, the deadline will be April 17, 2018, whereas it would be May 17, if the national phase entry be made on the last day of the term, March 17, 2018. Two months is long enough for us to prepare the Japanese translation.

2) Notice of Japanese application number:

We usually receive a notice of the Japanese application number from the JPO in a couple of weeks, but in some cases a few months after filing a Petition for Entry of the PCT application.

3) Correction of inventors at the national stage:

If you wish to file this application in the name of the corrected inventors in the National Stage in each country, not in the name of the inventors as shown in the PCT publication, you must either submit a Request for Change of Inventors with the International Bureau within the 30-month term or ask your local associates to change the inventors at the national stage.  In the case that you wish for us to change the inventors at the national stage, please let us know, and we will prepare and forward to you the necessary Declaration forms to be executed by all the inventors.

4) Japanese Inventor’s name in Chinese characters:

With regard to the name and the address of a Japanese inventor, the Japanese Patent Office requires them in Chinese characters if he has Japanese nationality, which is the case.

5) Translation of non-English text based PCT application:

We sometimes receive only a non-English, such as German, text of the application.  If you have or will soon have an English translation of the application, we recommend that the application be translated from English into Japanese, because the translation fee from German into Japanese is 20% higher than that from English into Japanese.  The Japanese translation should be filed within the two-month period following entry into the national phase.

6) Two national phase entry filings from one PCT application:

Please be informed that it is not possible to submit two national phase entry filings from the same PCT application, unlike the filing of national applications under Paris Convention claiming priority based on a particular base application. The national phase entry in Japan is just a Japanese local procedure to effect nationalization of a PCT application already filed internationally, and is not a procedure for filing a new national application in Japan.