Patent Filing in Japan
An applicant in japan may claim priority based on patent application filed in any other country that is signatory of Paris convention or the TRIPS agreement. A Japanese application may be filed with a copy of specification in English and Japanese, drawing where necessary.
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Steps For Patent Filing In Japan
Priority Document: A certified priority document must be filed within one year and four month from the first filing date of a priority based application. When priority is based upon a European Patent Office application, the priority document need not to be filed because of an electronic transfer system established between the EPO and Japanese Patent Office.
Power of Attorney: A power of attorney is needed if the invention is finally rejected and appealed, or if the patent is granted opposed and responded. The JPO does not require a power of attorney for a patent attorney to file a patent application.
Language of Application: Although all JPO proceeding are performed in Japanese language, it is important to file a initial patent application in English. In this case a Japanese translation must be filed within two month of additional filing date along with additional fee.
Electronic filing: The JPO facilitates electronic filing of patent application and charges a substantial data entry fee for paper application. PCT application, however, may not be filed electronically.
Specification: JPO rules are rather lenient regarding the form of specification. The detailed explanation of the invention must describe the invention in a manner sufficiently clear and complete for the invention to be carried out by the person having ordinary skill in art.
Japanese Claim Practise: There is no limit on the number of claims. However, each claim beyond the first requires additional official fees for substantive examination and maintenance.
Provisional Application: Japanese patent application can claim domestic priority based on earlier filed Japanese patent application. Embodiment, drawing, and claims, can be added in new patent application. The first application will automatically be abandoned without examination if a new application claims a domestic priority based on first application.
PCT Application: A pre filing review of PCT application should be conducted to ensure that the original patent application have been prepared with Japanese national phase can be reduced by entering the national phase can be reduced by entering the national stage with only the original application, not including not including any amendment made under PCT Article 19 or 34.
Nationalizing Deadline: The due date for nationalizing the PCT application into Japan is 30 month from the priority date, regardless of whether or not a Preliminary Examination was requested.
Publication: The applicant must also request for early publication of the patent application at any time so long as certain condition have been met, including submission of priority document and a Japanese language translation of an application filed in foreign language.
What do we need from you?
- Technology or product description.
- A clear definition of the features or sub-components that require clearance.
- Novel structure, compounds and/or compositions.
- Scope of the search.
- List of known competitors practicing in that area of technology (if possible).