JP - Japan
Japan Patent Office (JPO)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Japan Patent Office (JPO)
DA: Design Act of Japan
PA: Patent Act of Japan
PR: Patent Regulations under the Patent Act of Japan
UMA: Utility Model Act of Japan
Art.: Article
List of currencies used in this document:
CHF (Swiss franc), EUR (Euro), JPY (Japanese yen), KRW (Korean won), SGD (Singapore dollar), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Rule 23bis.2(e), Rule 4.9(b) , Administrative Instructions under the PCT (AI) Section 703(f) (re. Section 703(b)(ii) to (iv) insofar as those provisions relate to Sections 5.1 and 5.2.1 of Annex F of AI and Sections 2(d) to (g) of Appendix III of Annex F of AI:)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Japan
Two-letter code:
JP
JP
Name of Office:
Japan Patent Office (JPO)
Location:
3-4-3 Kasumigaseki
Chiyoda-ku
Tokyo 100-8915
Japan
Mailing address:
Same as above
Telephone:
(81-3) 3592 13 08
E-mail:
PA1A31@jpo.go.jp
Website:
Facsimile:
PCT Affairs
(81-3) 3501 06 59
Filing of documents
(81-3) 3501 68 03
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
Only documents needed to receive an international filing date under PCT Article 11
Must the original of the document be furnished in all cases?
No, only upon invitation
Does the Office send notifications via e-mail in respect of international applications?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes, provided the delivery service satisfies the prescribed criteria and is approved by the Minister for Internal Affairs and Communications, under the Japanese Law Concerning Correspondence Delivery Provided by Private-Sector Operators. A list of approved delivery services (in Japanese) is available at the following web site:
http://www.soumu.go.jp/yusei/tokutei_g.html
Does the Office excuse delays in meeting time limits due to the unavailability of electronic means of communication (PCT Rule 82quater.2(a))?
Yes, the Office excuses a delays in meeting a time limits where such delay is caused by the special maintenance or unavailability of permitted electronic means of communication at the Office , provided that the duration of such maintenance or unavailability is at least 24 hours, and that the respective action is performed on the next working day on which the said electronic means of communication became available
Information concerning maintenance and unavailability of the JPO online filing software (in Japanese) is available at: http://dl-sv1.pcinfo.jpo.go.jp/docs/error/server_status.html
For the relevant notification by the Office refer to the Official Notices (PCT Gazette) dated 17 September 2020, page 191
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Yes, the Office is prepared to allow applicants to make national applications available to the WIPO DAS
For further details on how to request this Office to make applications available to DAS, refer to https://www.jpo.go.jp/e/system/process/shutugan/yusen/das/index.html
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
JP
JP
, 
IB
IB
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
JP
JP
Types of protection available via the PCT:
Patents
Utility models
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
The applicant is entitled to the rights analogous to those provided under Section 65 of the Patent Law from the time of the international publication of the international application if the international publication is in Japanese and from the time of the publication of a Japanese translation by the Japan Patent Office (JPO) if the international publication is in a language other than Japanese (refer to Sec. 184-10 of the Patent Law).
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
Must be in the request. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation (refer to the Summary).
Are there special provisions concerning earlier national applications from which priority is claimed and what are the effects of these provisions?
Articles 41 and 42 of the Japan Patent Law and Articles 8 and 9 of the Japan Utility Model Law provide that the filing of an international application which contains the designation of Japan and claims the priority of an earlier national application having effect in Japan shall have the result that the earlier national application will be considered withdrawn after the expiration of 16 months from the filing date of that earlier application. If the applicant of an international application which claims the priority of an earlier national application wants to avoid this effect, the designation of Japan will have to be withdrawn before the expiration of 16 months from the filing date of that earlier application, in order to avoid automatic withdrawal of the earlier-filed national application
The period is applicable to international applications filed on or after 1 April 2015. The period is 15 months for international applications filed before 1 April 2015
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Japan
Language in which international applications may be filed:
English, 
Japanese
Language accepted for language-dependent free text in the sequence listing:
English, 
or English and any other language
Language in which the request may be filed:
English, 
Japanese
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts XML files with JPEGs as well as TIFFs for the drawings filed using JPO PAS
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no additional fees are due for sequence listings filed in this format.
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 9 September 2022, pages 246 et seq.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “unintentional” criterion to such requests
Competent International Searching Authority:
EP
EP
1, 
IN
IN
1, 
JP
JP
, 
SG
SG
1
Competent International Preliminary Examining Authority:
EP
EP
2, 
IN
IN
, 
JP
JP
2, 
SG
SG
2
Fees payable to the receiving Office:
Transmittal fee:
17,000 JPY
This fee is reduced if the application is filed in Japanese by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details on the eligibility, refer to https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
International filing fee:
214,200 JPY
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
2,400 JPY
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request, description, claims and abstract in character coded format):
48,300 JPY
Search fee:
Refer to
Annex D(EP)
Annex D(IN)
Annex D(JP)
Annex D(SG)
Fee for priority document (PCT Rule 17.1(b)):
1,400 JPY
Fee for transmitting copies of earlier search and other documents (PCT Rule 12bis.1(c)):
1,700 JPY
Is an agent required by the receiving Office?
No, if the applicant resides in Japan
Yes, if the applicant is a non-resident
Who can act as agent?
Any patent attorney or attorney-at-law resident in Japan, or any firm registered to practice before the Office
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or in case of doubt as to the agent’s entitlement to act.
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or in case of doubt as to the agent’s entitlement to act.

Annex D - International Searching Authority

The Office participates in the IP5 pilot project on collaborative search and examination under the PCT. For further information refer to:
http://www.jpo.go.jp/e/system/patent/pct/pct_kyoudouchousa_shikou.html
International Searching Authority competent for the following Receiving Offices:
BN
BN
, 
ID
ID
, 
IN
IN
, 
JP
JP
, 
KH
KH
, 
KR
KR
, 
MY
MY
, 
PH
PH
, 
SA
SA
, 
SG
SG
, 
TH
TH
, 
US
US
, 
VN
VN
Search fee (PCT Rule 16):
— For international applications filed in Japanese or for which a translation into Japanese has been furnished under PCT Rule 12.3. This fee is reduced for applications by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details on the eligibility, refer to https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
888 CHF
953 EUR
143,000 JPY
1,287,000 KRW
988 USD
— For international applications filed in English or for which a translation into English has been furnished under PCT Rule 12.3
1,049 CHF
1,127 EUR
169,000 JPY
1,674 SGD
1,167 USD
This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
Additional search fee (PCT Rule 40.2):
— For international applications filed in Japanese or for which a translation into Japanese has been furnished under PCT Rule 12.3. This fee is reduced for applications by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details on the eligibility, refer to:
https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
105,000 JPY
— For international applications filed in English or for which a translation into English has been furnished under PCT Rule 12.3
168,000 JPY
This fee is payable to the International Searching Authority and only in particular circumstances.
Fee for copies of documents cited in the international search report (PCT Rule 44.3):
per request 1,400 JPY
How to obtain copies:
The applicant receives, together with the international search report, a copy of each document containing non-patent literature cited in the report, free of charge
Requests for copies of documents should be made using the relevant form available at:
https://www.jpo.go.jp/system/patent/pct/tetuzuki/document/tokkyo_jyouyaku-jitumu/22.pdf#page=63
Protest fee (PCT Rule 40.2(e)):
None
Late furnishing fee (PCT Rule 13ter.1(c)):
None
Conditions for refund and amount of refund of the search fee:
Money paid by mistake, without cause, or in excess, will be refunded
Upon request where the Authority benefits from one of the following earlier searches to a considerable extent:
(i) where, the international application claims the priority of an earlier international application which has been the subject of an international search made by the Authority, the international search of the earlier international application
(ii) the earlier search of a Japanese national application for a patent or for a utility model registration which was filed by the same applicant as that of the international application
— For international applications filed in Japanese or for which a translation into Japanese has been furnished under PCT Rule 12.3. This fee is reduced for applications by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details on the eligibility, refer to:
https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
Refund of 67,000 JPY
The amount of the refund of the search fee is reduced where the fee reduction for the search fee was applied
— For international applications filed in English or for which a translation into English has been furnished under PCT Rule 12.3
Refund of 57,000 JPY
Languages accepted for international search:
The following languages are accepted:
– Japanese or English for international applications filed with the Japan Patent Office as a receiving Office;
– English or a translation under PCT Rule 12.3 into English from other accepted languages for international applications filed with the receiving Office of Brunei Darussalam, Cambodia, India, Indonesia, Malaysia, the Philippines, Singapore, Thailand, the United States of America and Viet Nam;
– Japanese or a translation under PCT Rule 12.3 into Japanese from Korean or English for international applications filed with the receiving Office of the Republic of Korea, or Japanese or a translation under PCT Rule 12.3 into Japanese from any other languages for international applications filed with the International Bureau as a receiving Office (RO/IB) acting for the Republic of Korea; and
– Japanese, English or a translation under PCT Rule 12.3 into Japanese or English from any other languages for international applications filed with RO/IB acting for Brunei Darussalam, Cambodia, India, Indonesia, Japan, Lao People’s Democratic Republic, Malaysia, the Philippines, Singapore, Thailand, the United States of America and Viet Nam
English, 
Japanese
Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
No
Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:
Diskette, 
CD-R, 
DVD-R
Subject matter that will not be searched:
The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter which is searched under the patent grant procedure in accordance with the provisions of the Japanese Patent Act, and methods for treatment of the human body by surgery or therapy, as well as diagnostic methods
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing; or in case of doubt as to the agent’s entitlement to act.
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing; or in case of doubt as to the agent’s entitlement to act.

Annex E - International Preliminary Examining Authority

The Japan Patent Office (JPO) may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.
International Preliminary Examining Authority competent for the following Receiving Offices:
BN
BN
, 
ID
ID
, 
IN
IN
, 
JP
JP
, 
KH
KH
, 
KR
KR
, 
MY
MY
, 
PH
PH
, 
SA
SA
, 
SG
SG
, 
TH
TH
, 
US
US
, 
VN
VN
Preliminary examination fee (PCT Rule 58):
— This fee is reduced for :
(i) applications filed in Japanese or
(ii) applications for which translations into Japanese have been furnished, for the purposes of International Search under PCT Rule 12.3, by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details, refer to https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
34,000 JPY
— For preliminary examinations carried out in English
69,000 JPY
This fee is payable to the International Preliminary Examining Authority
Additional preliminary examination fee (PCT Rule 68.3):
— This fee is reduced for :
(i) applications filed in Japanese or
(ii) applications for which translations into Japanese have been furnished, for the purposes of International Search under PCT Rule 12.3, by applicants who are eligible for fee reductions, such as small or medium-sized enterprises, micro enterprises and academic institutions. For further details, refer to https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
28,000 JPY
— For preliminary examinations carried out in English
45,000 JPY
This fee is payable to the International Preliminary Examining Authority and only in particular circumstances
Handling fee (PCT Rule 57.1):
32,200 JPY
This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
per request 1,400 JPY
How to obtain copies:
The applicant receives, together with the international preliminary examination report a copy of each document containing non-patent literature not cited in the international search report, free of charge
Requests for copies of documents should be made using the relevant form available at:
https://www.jpo.go.jp/system/patent/pct/tetuzuki/document/tokkyo_jyouyaku-jitumu/22.pdf#page=63
Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
per request 1,400 JPY
Protest fee (PCT Rule 68.3(e)):
None
Late furnishing fee (PCT Rule 13ter.2):
None
Conditions for refund and amount of refund of the preliminary examination fee:
Money paid by mistake, without cause, or in excess, will be refunded
In the cases provided for under PCT Rule 58.3:
refund of 100%
If the international application or the demand is withdrawn before the start of the international preliminary examination:
no refund
Languages accepted for international preliminary examination:
The following languages are accepted:
- Japanese or English for international applications filed with the Japan Patent Office as a receiving Office;
- English or a translation under PCT Rule 12.3 into English from other accepted languages for international applications filed with the receiving Office of Brunei Darussalam, Cambodia, India, Indonesia, Malaysia, the Philippines, Singapore, Thailand, the United States of America and Viet Nam;
- Japanese or a translation under PCT Rule 12.3 into Japanese from Korean or English for international applications filed with the receiving Office of the Republic of Korea, or Japanese or a translation under PCT Rule 12.3 into Japanese from any other languages for international applications filed with the International Bureau as a receiving Office (RO/IB) acting for the Republic of Korea; and
- Japanese, English or a translation under PCT Rule 12.3 into Japanese or English from any other languages for international applications filed with RO/IB acting for Brunei Darussalam, Cambodia, India, Indonesia, Japan, Lao People’s Democratic Republic, Malaysia, the Philippines, Singapore, Thailand, the United States of America and Viet Nam.
English, 
Japanese
Subject matter that will not be examined:
The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter which is examined under the patent grant procedure in accordance with the provisions of the Japanese Patent Act, and methods for treatment of the human body by surgery or therapy, as well as diagnostic methods
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing; or in case of doubt as to the agent’s entitlement to act
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing; or in case of doubt as to the agent’s entitlement to act

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
At the time of filing (must be in the description) (furnishing of the date of deposit of the biological material is not necessary)
— any additional indications:
At the time of filing (must be in the description)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the biological material

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
The time limit for submission of the Japanese translation of the international application is 30 months from the priority date (under PCT Article 22(1) or 39(1)(a)). This time limit may be extended under certain circumstances (refer to paragraph JP.03)
Where the international application was filed in Japanese, a copy of any amendments under PCT Articles 19 and 34 may be required, if the communication under Article 20 has not taken place within the time limit applicable under Article 22(1) or 39(1)(a) or if an express request for early processing was filed under Article 23(2)
Japanese
Required contents of the translation for entry into the national phase:
Where no translation of amendments is filed, the amendments are considered not to have been made. However, amendments may be made as specified in paragraph JP.13 of the JP national chapter
Under PCT Article 22: Description, claims (if amended, as originally filed or as amended, or both as originally filed and as amended, at applicant’s option), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
If not already paid within the applicable time limit under PCT Article 22(1) or 39(1)(a), the Office will invite the applicant to pay the national fee within a time limit fixed in the invitation. Where the translation of the international application is submitted in paper form, a special fee for conversion into electronic format is required
Patents
Filing fee
14,000 JPY
Utility models
Filing fee
14,000 JPY
Exemptions, reductions or refunds of fees:
The fee for request for examination is reduced where an international search report has been established. Moreover, reductions are available to individuals, small and medium-sized enterprises, micro enterprises, academic institutions and certain other entities (refer to Annex JP.I)
Special requirements of the Office (PCT Rule 51bis):
When the applicant is a legal entity, indication of the name of an officer representing that entity (the indication of such a name is not required where the legal entity is represented by a patent attorney) 3
Appointment of an agent if the applicant is not resident in Japan 4
Where the person, the name or the residence of the applicant is changed during the international phase and the change has not been reflected in the international publication or in a Notification of the Recording of a Change (Form PCT/IB/306), a statement indicating the change (preferably on a special request form) and, in case of a change in the person of the applicant, a document evidencing the change 5
Where a change (addition and/or deletion) in the person of the inventor during the international phase has not been reflected in the international publication or in a Notification of the Recording of a Change (Form PCT/IB/306), the correct indications relating to the inventor (preferably on a special transmittal form (Form 53)), a statement explaining the reasons for the change and a written oath of all inventors 5
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Who can act as agent?
Any patent attorney, attorney-at-law or other person resident in Japan, or firm registered to practice before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

JP.01 FORMS FOR ENTERING THE NATIONAL PHASE
PA Art. 184-5
The Office has available a special transmittal form (Form No. 53) for entering the national phase (refer to Annex JP.II). This form should preferably (but need not) be used when effecting the payment of the national fee (refer to paragraph JP.06) and for furnishing the translation of the international application into Japanese. Any document required for entry into the national phase may be submitted in paper form or online in electronic format. However, any document submitted in paper form will be converted by the Office into electronic format and subjected to the payment of a special fee (refer to Annex JP.I).
JP.02 RELEVANT TIME FOR NATIONAL PROCESSING
PA Art. 184-4
The relevant time for national processing occurs:
(i) on the date of the expiration of 30 months from the priority date,
(ii) at the time of filing of the request for examination, if filed on or before the date of (i) (refer to also JP.10).
JP.03 TRANSLATION (LATE FURNISHING OF)
PCT Art. 22, PCT Art. 39(1), PA Art. 184-4(1)
The time limit for filing the Japanese translation of the international application is 30 months from the priority date. Where Form No. 53 (refer to Annex JP.II) is submitted within two months before the expiration of 30 months from the priority date, that is, during the period from the beginning of the 29th month to the end of the 30th month from the priority date, the translations may be filed within two months from the date of submission of Form No. 53.
JP.04 TRANSLATION (CORRECTION)
PA Art. 17-2(2), PA Art. 184-12(2)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
JP.05 TRANSLATION (COPY) OF AMENDMENTS UNDER PCT ARTICLES 19 AND 34
PA Art. 184-4(2), PA Art. 184-6(3), PA Art. 184-7(1), PA Art. 184-7 (2), PA Art. 184-7 (3), PA Art. 184-8
Where the international application has not been filed in Japanese and amendments have been filed under PCT Article 19 or 34, the applicant should furnish a translation of such amendments into Japanese using Form No. 52 (for amendment under PCT Article 19, refer to Annex JP.III) or Form No. 54 (for amendments under PCT Article 34, refer to Annex JP.IV) no later than the date on which the relevant time for national processing occurs (refer to paragraph JP.02). Where the international application has been filed in Japanese and amendments have been filed under PCT Article 19 or 34, the applicant should furnish a copy of such amendments using the relevant Form No. 54 no later than the date on which the relevant time for the national processing occurs unless the Office has received them from the International Bureau under PCT Article 20 or 36. Any amendments for which the applicant fails to submit a translation, or a copy, within the applicable time limit, shall not be taken into consideration by the Office.
JP.06 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex JP.I.
JP.07 PRIORITY DOCUMENT
PCT Rule 17.1(c), PR Rule 38-14
Where the priority document has not been furnished in compliance with PCT Rule 17.1(a), (b) or (b-bis), the applicant in the national phase has an opportunity to furnish the priority document to the Office within 32 months from the priority date.
JP.08 APPOINTMENT OF AGENT
PCT Rule 90, PA Art. 8, PA Art. 184-11(1), PA Art. 184-11(2), PA Art. 184-11(3), PA Art. 184-11(4), PA Art. 184-11(5), PR Rule 2(2)
A person who has neither his domicile nor residence in Japan may not proceed except through his representative with respect to his patent who has his domicile or residence in Japan. If the applicant is not resident in Japan, appointment of an agent and filing of a power of attorney is necessary. Where the applicant filed any documents not through an agent, the Office sends to the applicant an invitation to appoint one. If the applicant fails to appoint one within two months from the date of mailing of the said invitation from the Office, the applications shall be deemed to have been withdrawn. Where the power of attorney is in a language other than Japanese, a Japanese translation is required. A model is given in Annex JP.VII (page 1 in English translation, page 2 in Japanese).
JP.09 REQUEST FOR EXAMINATION
PA Art. 48-2, PA Art. 48-4
Patentability will be examined only after request by the applicant or by a third party. The request for examination must be made in Japanese on Form No. 44 (refer to Annex JP.V).
JP.10 TIME LIMIT FOR REQUESTING EXAMINATION
PA Art. 48-3, PA Art. 184-17
Examination must be requested within three years from the international filing date. Such request can only be made once all requirements for entry into the national phase have been complied with. The request for examination is considered by the Office as a request for early entry into the national phase if it is made before the expiration of the time limit applicable under PCT Article 22 or 39(1).
PA Art. 48-3(5), PA Art. 48-3(6), PA Art. 48-3(7), PA Art. 48-3(8), PA Art. 184-11(1)
Where the applicant unintentionally failed to file a request for examination within three years from the international filing date, he/she may still do so within two months from the date on which the applicant is able to request examination or 12 months from the date of expiration of the time limit, whichever time limit expires earlier.
Requests for restoration must be made in writing, setting out the reasons for the failure to comply with the time limit, and the restoration fee in the amount indicated in Annex JP.I must be paid.
Applicants are to provide the explanation that the delay was not intended to delay the request for examination. Applicants may be requested to submit any documents to support their reasons if the Commissioner of the Office finds it necessary.
Applicants domiciled overseas who wish to file a request for examination after the prescribed period has expired must submit the request for examination (Form No. 44), together with a document stating the reasons for the late submission and must pay the restoration fee (for the amount, refer to Annex JP.I) through an agent domiciled or resident in Japan.
JP.11 FEE FOR REQUESTING EXAMINATION
PA Art. 195(2)
The request for examination is only effective if the fee for requesting examination has been paid. The amount of the fee is indicated in Annex JP.I.
JP.12 ANNUAL FEES
PA Art. 107, PA Art. 108, PA Art. 112
Annual fees for the 1st to the 3rd year shall all be paid at the same time, within 30 days after receipt of the decision to grant a patent.
In order to maintain the right after the 4th year, the annual fees subsequent to the 4th year shall be paid within 3 years from the registration date. Each subsequent annual fee shall likewise be paid during the validity period “NOT the term of right ends” (e.g., for patent with registration date of 1 April 2022, payment of the 4th year annual fee must be effected by 1 April 2025.
Payment can still be made, together with a 100% surcharge for late payment, before the expiration of 6 months from the due date. The amounts of the annual fees are indicated in Annex JP.I.
JP.13 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, PA Art. 184-12(1), PA Art. 17(2), PA Art. 17-2
Amendments may be made to the description, claims or drawings, after the relevant time for national processing has occurred (refer to JP.02) and after Form No. 53 and any required translations of the international application have been filed and the national fee has been paid, within the following period:
(i) before the applicant receives either the decision to grant a patent or the first notice of reasons for refusal;
(ii) within a time limit designated in a non-final notice of reasons for refusal;
(iii) within a time limit designated in a final notice of reasons for refusal; or
(iv) where the applicant has filed an appeal against the examiner’s decision of refusal, at the time of filing of the appeal.
Amendments shall not go beyond the extent of disclosure in the international application as originally filed. In addition, within the period (iii) or (iv), above, claims may be amended only to the extent that additional prior art search is not necessary.
JP.14 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, PA Art. 184-20, PR Rule 38-7, PR Rule 38-9
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. The request to the Office should be filed with Form No. 55 (refer to Annex JP.VI). If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an administrative appeal against this denial may be lodged within 60 days from the receipt of the denial. The Commissioner of the Office will then decide on the appeal.
JP.15 UTILITY MODEL
PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1(a), PCT Rule 76.5, UMA Art. 48-5(1)
Subject to what is said in paragraph JP.16, if the applicant wishes to obtain a utility model instead of a patent in Japan, on the basis of an international application, the applicant, on entry into the national phase, shall so indicate to the Office.
JP.16
PCT Art. 7(2)(ii), PCT Rule 7.2, UMA Art. 48-7
Where, in the case referred to in paragraph JP.15, the international application does not contain drawings, the applicant must furnish the drawing(s) no later than the date on which the relevant time for national processing occurs (refer to paragraph JP.02). Where the applicant does not furnish the drawing(s) within that time limit, the Office will invite him to furnish the drawing(s) within a time limit fixed in the invitation. Where an international application for a patent is converted into a utility model application (refer to paragraph JP.19), the drawing(s) must be submitted with the request for conversion.
JP.17
UMA Art. 14(2), UMA Art. 32
Utility models are registered without any substantive examination thereof in the national phase.
The other requirements for the national phase and the procedures thereafter are basically the same as for patents except that the fees for utility models and registration fees from the first to the third year must be paid instead of the fees for patents. If the applicant desires his utility model to be registered earlier than the expiration of the time limit for entry into the national phase, he may file an express request for an early commencement of the national procedures under PCT Articles 23(2) and 40(2).
JP.18
UMA Art. 48-8
In addition to amendments under PCT Articles 19 and 34, amendments under PCT Article 28 or 41 are allowed to an international application for a utility model. The amendment in this case shall be made within the scope of the matter disclosed in the international application as originally filed (or translated into Japanese, also refer to paragraph JP.03).
JP.19 CONVERSION
PA Art. 46, PA Art. 46-2, PA Art. 184-16, UMA Art. 10, UMA Art. 48-11, DA Art. 13
An international application for a patent or utility model may be converted into the other kind of application or a design application by filing a request for conversion once the applicant has complied with the requirements for entry into the national phase.
The conversion of a patent application into a utility model application may be requested either:
(i) within nine years and six months from the international filing date; or
(ii) within three months from the transmittal of the first decision of the Office that the patent application shall be refused.
The conversion of a utility model application into a patent application may be requested, under certain circumstances, within three years from the international filing date.
The conversion of a patent application into a design application may be requested within three months from the transmittal of the first decision of the Office that the patent application shall be refused.
The conversion of a utility model application into a design application may be requested at any time.
The conversion is subject to payment of a fee for conversion as indicated in Annex JP.I. The original application for a patent or a utility model shall be deemed to have been withdrawn after the conversion of the application.
JP.20 NUCLEOTIDE AND/OR AMINO ACID SEQUENCES
PR Rule 38-13-2(1), PR Rule 38-13-2(2), PR Rule 27-5(10)
Where the international application in a language other than Japanese contains nucleotide and/or amino acid sequences which is not accompanied by a sequence listing complying with WIPO Standard ST.26 or the free text contained in said sequence listing is not written in English, a diskette, CD-R or DVD-R containing coded data of the sequence listing must be furnished together with the transmittal form (Form No. 53) or the translation of the international application.
Where the international application in Japanese contains nucleotide and/or amino acid sequences which is not accompanied by a sequence listing complying with WIPO Standard ST.26 or the free text contained in said sequence listing is not written in English, in addition to the transmittal form (Form No. 53), the form for submission of documents (Form No.22) which identifies the international application concerned must be furnished together with:
(i) a diskette, CD-R or DVD-R containing coded data of the sequence listing; and
(ii) a statement that the sequences recorded on the diskette, CD-R or DVD-R are identical to those disclosed in the description, claims, or drawings of the international application as originally filed.
In this case, matters recorded on the diskette, CD-R or DVD-R shall not be deemed to be matters stated in the description attached to the international application.
JP.21 RESTORATION OF THE RIGHT OF PRIORITY
PCT Rule 49ter.1, PCT Rule 49ter.2, PCT Rule 76.5, PA Art. 41(1)(i), PA Art. 43-2(1), PA Art. 43-2(2), PA Art. 184-11(1), PR Rule 27-4-2(1), PR Rule 27-4-2(1)(2), PR Rule 38-14(3), PR Rule 38-14(4), PR Rule 38-14(5), PR Rule 38-14(6), PR Rule 38-14-2
For international Applications whose priority period has expired on or after 1 April 2023, restoration of the right of priority may be requested where the applicant unintentionally failed to file the international application within the priority period, but within two months from the expiration of the priority period.
The request must be filed with the Office within one month from the expiration of the time limit to submit Form No. 53 (that is, the 30th month from the priority date, or if the application has not been filed in Japanese and Form No. 53 was filed during the period from the beginning of the 29th month to the end of the 30th month from the priority date, within two months from the date of submission of Form No. 53). Requests for restoration must be made in writing, setting out the reasons for the failure to file the international application within the priority period, and the restoration fee in the amount indicated in Annex JP.I must be paid. Applicants may be requested to submit any documents to support their reasons if the Commissioner of the Office finds it necessary. Where the request for examination is made before the expiration of the time limit applicable under PCT Article 22 or 39(1), the request for restoration of the right of priority must be filed and the restoration fee must be paid (for the amount, refer to Annex JP.I) within one month from the date of filing of the request for examination.
Any decision on restoration of the right of priority by the receiving Office, which was based on a finding by it that the failure to file the international application within the priority period occurred unintentionally, will be effective, unless the Office reasonably doubts that a requirement referred to in PCT Rule 49ter. 1 (c) was complied with. In such an exceptional case, the Office shall notify the applicant accordingly, indicating the reasons therefo
Applicants domiciled overseas who wish to request restoration of the right of priority must submit a document stating the reasons for the request and pay the restoration fee (for the amount, refer to Annex JP.I) through an agent domiciled or resident in Japan.
JP.22 REINSTATEMENT OF RIGHTS
PCT Art. 48(2), PCT Rule 49.6, PA Art. 184-4(3), PA Art. 184-4(4), PA Art. 184-4(5), PA Art. 184-11(4), PA Art. 184-11(5), PR Rule 38-2
Reinstatement of rights may be requested either where the applicant unintentionally failed to furnish a translation of the international application into Japanese within 30 months from the priority date or where the applicant unintentionally failed to appoint the agent within two months from the date of mailing of the invitation from the Office. A request for reinstatement must be made to the Office within two months from the date on which the applicant is available for the procedures or twelve months from the date of expiration of the time limit, whichever time limit expires earlier.
Requests for restoration must be made in writing, setting out the reasons for the failure to comply with the time limit and the restoration fee in the amount indicated in Annex JP.I must be paid. Within the said time limit, the omitted action must be completed. Applicants may be requested to submit any documents to support their reasons if the Commissioner of the Office finds it necessary.
Applicants domiciled overseas who intend to request reinstatement of rights must submit the translation and pay the restoration fee (for the amount, refer to Annex JP.I) through an agent domiciled or resident in Japan.
Even if the application is reinstated by the Office, the time limit for requesting examination remains three years from the international filling date (refer to paragraph JP.10).

Annexes

Annex JP.I - Fees
Patents
National fee
14,000 JPY
National fee for request for review
14,000 JPY
Fee for request for examination (for international applications filed before 1 April 2019): 6
(a) where no international search report has been established:
118,000 JPY
plus, for each claim 4,000 JPY 7
(b) where the international search report has been established by the Office:
71,000 JPY
plus, per claim 2,400 JPY
(c) where the international search report has been established by an International Searching Authority other than the Office:
106,000 JPY
plus, per claim 3,600 JPY
(d) where the search report has been established by a searching organization which is designated under Japanese law:
94,000 JPY
plus, per claim 3,200 JPY
Fee for request for examination (for international applications filed on or after 1 April 2019): 6
(a) where no international search report has been established:
138,000 JPY
plus, for each claim 4,000 JPY 7
(b) where the international search report has been established by the Office:
83,000 JPY
plus, per claim 2,400 JPY
(c) where the international search report has been established by an International Searching Authority other than the Office:
124,000 JPY
plus, per claim 3,600 JPY
(d) where the search report has been established by a searching organization which is designated under Japanese law:
110,000 JPY
plus, per claim 3,200 JPY
Fee for conversion of documents into electronic format
2,400 JPY
plus, per sheet 800 JPY
Annual fees (per year): 6
— International applications for which an examination is requested on or after 1 April 2004
— for the 1st to the 3rd years
4,300 JPY
plus, per claim 300 JPY
— for the 4th to the 6th years
10,300 JPY
plus, per claim 800 JPY
— for the 7th to the 9th years
24,800 JPY
plus, per claim 1,900 JPY
— for the 10th to the 25th years
59 ,400 JPY
plus, per claim 4,600 JPY
— International applications filed on or after 1 January 1988, and for which an examination was requested on or before 31 March 2004
— for the 1st to the 3rd years
10,300 JPY
plus, per claim 900 JPY
— for the 4th to the 6th years
16,100 JPY
plus, per claim 1,300 JPY
— for the 7th to the 9th years
32,200 JPY
plus, per claim 2,500 JPY
— for the 10th to the 25th years
64,400 JPY
plus, per claim 5,000 JPY
Fee for application for registration of extension of patent right 8
74,000 JPY
Fee for conversion:
— of a utility model application
14,000 JPY
— of a design application
16,000 JPY
Fee for requesting restoration
212,100 JPY
Utility models
National fee
14,000 JPY
National fee for request for review
14,000 JPY
Fee for conversion of documents into electronic format
2,400 JPY
plus, per sheet 800 JPY
Fee for conversion:
— of a patent application
15,000 JPY
— of a design application
16,000 JPY
Fee for technical opinion
(a) where no international search report has been established
42,000 JPY
plus, per claim 1,000 JPY
(b) where the international search report has been established by the Office
8,400 JPY
plus, per claim 200 JPY
(c) where the international search report has been established by an International Searching Authority other than the Office
33,600 JPY
plus, per claim 800 JPY
Annual fees (per year):
— International applications filed on or after 1 April 2005
— for the 1st to the 3rd years
2,100 JPY
plus, per claim 100 JPY
— for the 4th to the 6th years
6,100 JPY
plus, per claim 300 JPY
— for the 7th to the 10th years
18,100 JPY
plus, per claim 900 JPY
Fee for requesting restoration
21,800 JPY
How can payment of fees be effected?
Payment of the national fee to the Office has to be made in Japanese Yen, by means of patent revenue stamps. The patent revenue stamps can be purchased at major Japan Post Co., Ltd. offices in Japan. The necessary amount of stamps must be affixed to the related form.
Some other payment methods, such as the advance payment system, bank account transfer or online cash transfer, may be available provided that the applicant or their representative in Japan has carried out the necessary registration proceedings at the Office in advance
In principle, the Office does not accept any payments made directly by overseas residents, such as payment by international bank account transfer, or by credit card or by check, therefore, payment by an applicant overseas has to be made through a representative appointed in Japan
However, in the case of patent annuity fees for the 4th year onwards, direct payment by bank account transfer or patent revenue stamps is available for overseas residents. For detailed instructions please refer to:
http://www.jpo.go.jp/e/system/process/tesuryo/160401_renewing_outside.html
Forms
Notes:
1 a b c The Office is competent only if the international application is filed in English (PCT Rule 12.3 does not apply).
2 a b c The Office is competent only if the international search is or has been carried out by that Office.
3 a If not already complied with, no later than the date on which the relevant time for national processing occurs (refer to paragraph JP.02 of the JP national chapter), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
4 a Must be appointed within two months from the date of mailing of the invitation from the Office (refer to paragraph JP.08).
5 a b Must be furnished no later than the date on which the relevant time for national processing occurs (refer to paragraph JP.02 of the JP national chapter); if not furnished, the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
6 a b c Fee reductions may apply for certain applicants such as small and medium-sized enterprises, micro enterprises, and academic institutions. For further details on the eligibility, refer to https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf
7 a b Hereinafter referred to as “per claim”.
8 a The patent term, which is 20 years from the filing date, may be extended by up to five years where there is a period during which patent owners have been unable to work their inventions due to the regulations under the laws (where the subject matter of the inventions relates to human or animal drugs or to agricultural chemicals), provided that the application for registration of extension of the term of the patent right is filed.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 12 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00