Necessary documents and information for filing:

1. Specification (and drawings if necessary, clear photo-copies are acceptable).
2. Applicant's address, name and nationality.
3. Inventor's address and name.
4. Power of Attorney (may be filed late).
5. Priority data (country, date and application number).
6. Priority certificate must be filed within 16 months of the priority date. If submitted late, priority will lapse, but application will proceed under actual Japanese application date.

Not necessary for filing:

Evidence of an assignment from the inventor to the applicant prior to application is not required.

PCT Japanese National Phase filing requirements:

1. Specification, claims, abstract (and drawings, if necessary).
2. Applicant's address, name and nationality.
3. Inventor's address and name.
4. Power of Attorney (may be filed late)
5. International filing date.

Filing and the First-to-File rule:

The application request, specification (with claims), abstract and drawings should be submitted in Japanese. Recently, the J.P.O. has begun accepting applications with the specification and claims written in English. However, the request for application must be written in Japanese. Additionally, the entire application must be translated into Japanese within 2 months of the application date.

In Japan, a first-to-file rule is applied. The first person to file an application for a patent in Japan will be given priority over all subsequent applicants. The search for prior art in Japan includes a search of both Patent applications and registrations, and Utility Model applications and registrations.

Laying open of the applications:

18 months from the application date, Japanese patent applications are published. This is referred in Japanese law as "laying open of the application."

Patentablility and Novelty:

Under section 29, inventions that were publicly known in Japan prior to filing, will not be granted patents. Section 29(i). Similarly, patents which were publicly worked in Japan prior to filing, and inventions which were described in a publication distributed in Japan or elsewhere prior to filing will also not be granted patents. Sections 29(ii) and (iii).

Examination:

A request for substantial examination of an application should be filed within 3 years from the application date.(For PCT applications, the international application date is used.) If no request is filed, the application is regarded as withdrawn. When the examiner issues an office action, the applicant can submit an Argument and/or an Amendment to the J.P.O. During examination, any amendment must be within the scope of the original application, or it will be refused.

There are no maintenance fees for patent applications.

After the application is allowed, the applicant must pay a patent annuity fee for the first 1 - 3 years of the patent. For the next 4 - 20 years patent fees, the patentee can pay the fee every year or in a lump sum for the full period or a portion thereof.

Payent term:

The patent may remain in force for 20 years from the application date. However for pharmaceutical patents, under certain conditions, maximum 5 years extension of patent duration term is available. Please contact us if you have any questions about this specific issue.

Conversion:

Patent applications may be converted to utility model applications or design applications.