Japan Patent

 

Patent Authority
Japan Patent Office (JPO)
Types
Invention
Utility Model
Design
Subject Matter
A highly advanced creation of technical ideas utilizing the laws of nature.
The creation of devices by enabling the protection and utilization of devices associated with the shape or structure of an article or with the combination of articles, and thereby to contribute to the development of industries.
The shape, patterns or colors, or any combination thereof, of an article; the shape or equivalent features of a building; or a graphic image (for IT related usage), which is aesthetically pleasing in its visual presentation.
Terms of Protection
20 years from the filling date.
10 years from the filling date.
25 years from the filling date.
Priority Claiming
Within 12 months from the 1st filling date.
Within 12 months from the 1st filling date.
Within 6 months from the 1st filling date.
Substantive Examination
It can be requested by any person within 3 years from the filling date.
No. (Formality examination)
Undergo substantive examination immediately upon filing.
International Application2
PCT
Hague System
Additional Information
Anyone can apply for issuing a technical opinion report for utility model.
Applicant may designate "Secret Design"

 

 

Note:

1.      Priority Claim:
◆Japan is a signatory to several significant international treaties, including the Paris Convention, the Patent Cooperation Treaty (PCT), and the World Trade Organization (WTO). Within the framework of these international agreements, both inventors and utility model creators for patent protection, encompassing utility model patents, have the privilege to invoke international priority rights. This signifies that within a span of 12 months following the submission of their initial patent application, they are entitled to lodge a patent application in Japan while relying upon the priority date established in their foreign patent application. This priority date serves as the foundational benchmark for evaluating aspects such as novelty, inventiveness, and other essential patent requirements for the Japanese application.

For design patents, the period for claiming foreign priority is 6 months.

2.      PCT international application entered into the national phase in Japan

Within 30 months from the priority date and special transmittal form (form No.53) is available for such submission.

Japanese translations of the description, claims, drawings (when explanatory text is included in the drawings), and an abstract of the PCT international application is required.

3.      Novelty

A patent application lacks novelty if the invention has been disclosed in a publication, either within or outside Japan, or if it has been publicly known or publicly used in Japan before the patent application is filed.

4.      Publication

The content of the patent application will be published in the Official Gazette 18 months after the filing or priority date, regardless of whether the patent application has been granted.

5.      Post-granted procedure

After the Japan Patent Office (JPO) examines and approves the patent application, the applicant must remit the certificate fee and the annual fees for the 1st to 3rd years within 30 days of receiving the approval notice. (For utility model patents, these fees were paid during the application process.) Upon receipt of these payments, the JPO will initiate the publication and issuance of the patent certificate. The patent rights become effective from the date of publication.

6.      Official fees such as application fees, examination request fees, and patent annuities are subject to an incremental increase based on the number of claims requested in the patent application.

7.  The Japan Patent Office (JPO) exclusively accepts patent specifications in either Japanese or English. Applicants submitting patent specifications in English are required to submit a Japanese translation within 2 months and remit an additional fee for this service.