request for examination
3 years
Office Action
10-12 months
Response
3 months (extendable)
Allowance
3-6 months
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
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 date or the priority date, whichever is earlier.
A full Japanese translation must be filed within 2 months from the date on which the petition is filed.
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 If examination is not requested in time, the application will be regarded as having been withdrawn.
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.
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.
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.
(i) Registration
(ii) Renewals
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.