PCT Applicant's Guide 日本 - Valid as from 2026年1月1日

[MT] 一般信息
[MT] 罗马尼亚
[MT] 国际标准化组织
[MT] 国际电工学会
[MT] 生物
[MT] 国家章节

适用起自 2026年1月1日

(发布 2025年11月20日)

此版本最新变更汇总
RO: RO fees
ISA: ISA fees
IPEA: IPEA fees
变更明细列表

Advance notice(s): Changes entering into force soon have been notified; you can already consult the changes that will be effective from 2026年4月1日.

[MT] 有用信息

[MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

[MT] 本文档中使用的缩写列表 :

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

[MT] 本文档中使用的货币列表 :

CHF (瑞士法郎), EUR (欧元), JPY (日元), KRW (韩元), SGD (新加坡元), USD (美元)

[MT] 国家和办事处信息 :

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.

[MT] 办公室概况

For more technical information about the Office, refer to ePCT Office profile.

[MT] PCT保留、声明、通知和不相容

细则 23bis.2(e),

细则 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.

[MT] 办公室关闭日期

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

[MT] 国际阶段

[MT] 附件B - 关于缔约国或政府间组织的资料

[MT] 缔约国：

日本

[MT] 两个字母代码 :

[MT] 办公室名称:

日本专利局(JPO)

[MT] 地点：

3-4-3 Kasumigaseki
Chiyoda-ku
Tokyo 100-8915
Japan

[MT] 邮寄地址 :

Same as above

[MT] 电话：

(81-3) 3592 13 08

[MT] 电子邮件：

PA1A31@jpo.go.jp

[MT] 网站地图

http://www.jpo.go.jp/e/index.html

[MT] 传真：

Filing of documents
(81-3) 3501 68 03

[MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?

Yes, by facsimile

[MT] 哪些类型的文件可以通过这种方式传送?

Only documents needed to receive an international filing date under PCT Article 11

[MT] 是否在所有情况下都必须提供文件原件?

No, only upon invitation

[MT] 专利局是否通过电子邮件发送国际申请通知?

不

[MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则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

[MT] 专利局是否会因无法使用电子通信手段而延迟遵守时限(PCT规则82之四.2(a ) )?

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.

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

[MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?

More information about WIPO DAS is available at: https://www.wipo.int/en/web/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

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

[MT] 由本国国民或居民提交的国际申请的主管接收局:

JP,

[MT] 国家立法是否限制向外国局提交国际申请?

Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures, Article 78.

Applies to applications for inventions belonging to a field of technology specified by Cabinet Order according to the International Patent Classification, etc., that could, if made public, undermine the security of the nation and its citizens through external actions.

Yes, filing restrictions apply to:

Inventions made in Japan

[MT] 为本国指定的主管(或选定的)办事处:

[MT] 通过PCT 提供的保护类型:

Patents,

Utility models

[MT] 办公室接受的付款方式:

As RO:
The following means of online payment are accepted:
— payment via JPO’s deposit account,
— payment to the Japanese government account by online banking, or
— payment by credit cards.
In addition, the following means of payment are accepted:
— payment by patent revenue stamps, or
— payment to the Japanese government account by bank transfer.

As ISA or IPEA:
— in case of payment from inside Japan: Same as above.
— in case of payment from outside Japan: Refer to https://www.jpo.go.jp/e/system/patent/pct/chosa-shinsa/pay_ipea.html

As DO:
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 refer to:
http://www.jpo.go.jp/e/system/process/tesuryo/160401_renewing_outside.html

[MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :

None

[MT] 国际公布后的临时保护 :

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).

[MT] 如果该缔约国被指定(或选举 ), 则有关信息

[MT] 发明人姓名和地址必须提供的时间:

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).

[MT] 是否有关于要求优先权的先前国家申请的特别规定，这些规定的效力是什么？

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.

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

[MT] 是否有关于微生物和其他生物材料的存放的特别规定？

Yes, refer to Annex L.

[MT] 附件C -- -- 接收办公室

[MT] 主管接收办公室为国民和居民:

日本

[MT] 国际申请可用语言提交:

English,

Japanese

[MT] 接受的语言 - 依赖于序列列表中的自由文本 :

English,

or English and any other language

[MT] 请求书可用语言提交:

English,

Japanese

Number of copies required by the receiving Office if the international application is filed on paper:

[MT] 接收局是否接受以电子形式提交国际申请?

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 RO”).

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.

Yes, the Office accepts XML files with JPEGs as well as TIFFs for the drawings filed using JPO PAS

[MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?

不

[MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?

是的

[MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?

是的

[MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?

Yes, the Office applies the “unintentional” criterion to such requests

[MT] 国际主管查询机关 :

EP,

IN,

The Office is competent only if the international application is filed in English (PCT Rule 12.3 does not apply).

[MT] 国际初步审查主管机关 :

EP,

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

[MT] 传输费用 :

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

17,000 JPY

[MT] 国际申请费:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

250,500 JPY

[MT] 超过30张的每张费用:

2,800 JPY

[MT] 减免(费用表,项目4) :

[MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :

56,500 JPY

[MT] 搜索费用:

Refer to
Annex D(EP)
Annex D(IN)
Annex D(JP)
Annex D(SG)

[MT] 优先权文件费 (PCT规则17.1(b ) ) :

1,400 JPY

[MT] 传送先前查询文件和其他文件副本的费用 (PCT规则12之二.1(c ) ) :

1,700 JPY

[MT] 接受局是否要求代理人?

No, if the applicant resides in Japan
Yes, if the applicant is a non-resident

[MT] 谁可以担任代理人?

Any patent attorney or attorney-at-law resident in Japan, or any firm registered to practice before the Office

[MT] 委托书的放弃:

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 IP 11.048).

[MT] 办公室是否已放弃提交单独授权书的要求?

是的

[MT] 需要另行授权的特殊情况:

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.

[MT] 办公室是否已放弃提交一般授权书副本的要求?

是的

[MT] 需要提供一般授权书副本的特殊情况:

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.

[MT] 附件D - 国际查询管理局

[MT] 下列接受局的主管国际查询机关:

BN,

ID,

IN,

JP,

KH,

KR,

MY,

PH,

SA,

SG,

TH,

US,

UY,

Fees payable to the ISA:

[MT] 查询费(PCT规则16 ) :

[MT] — 用日文提交的国际申请或根据PCT规则12.3提供日文译文的国际申请

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

759 CHF

815 EUR

143,000 JPY

1,356,000 KRW

952 USD

[MT] — 用英文提交的国际申请或根据PCT规则12.3提供英文译文的国际申请

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

897 CHF

963 EUR

169,000 JPY

1,455 SGD

1,125 USD

[MT] 附加查询费 (PCT规则40.2 ) :

[MT] — 用日文提交的国际申请或根据PCT规则12.3提供日文译文的国际申请

105,000 JPY

[MT] — 用英文提交的国际申请或根据PCT规则12.3提供英文译文的国际申请

This fee is payable to the International Searching Authority and only in particular circumstances.

168,000 JPY

[MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :

per request 1,400 JPY

[MT] 如何获取副本:

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

[MT] 抗辩费(PCT规则40.2(e) ) :

None

[MT] 逾期提供费 (PCT规则13之三.1(c ) ) :

None

[MT] 退还条件和退还的搜索费用的数额:

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

[MT] — 用日文提交的国际申请或根据PCT规则12.3提供日文译文的国际申请

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

The amount of the refund of the search fee is reduced where the fee reduction for the search fee was applied

Refund of 67,000 JPY

[MT] — 用英文提交的国际申请或根据PCT规则12.3提供英文译文的国际申请

Refund of 57,000 JPY

[MT] 国际搜索接受的语言 :

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, Saudi Arabia, Singapore, Thailand, the United States of America, Uruguay 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, Saudi Arabia, Singapore, Thailand, the United States of America, Uruguay and Viet Nam

English,

Japanese

[MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?

不

[MT] 核苷酸和/或氨基酸序列列表的物理介质类型:

Diskette,

CD-R,

DVD-R

[MT] 将不会搜索的主题:

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

[MT] 委托书的放弃:

[MT] 管理局是否已放弃提交单独授权书的要求？

是的

[MT] 需要另行授权的特殊情况:

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.

[MT] 管理局是否已放弃提交一般授权书副本的要求？

是的

[MT] 需要提供一般授权书副本的特殊情况:

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.

[MT] 附件E - 国际初步审查机构

[MT] 国际初步审查机构主管以下接受局 :

BN,

ID,

IN,

JP,

KH,

KR,

MY,

PH,

SA,

SG,

TH,

US,

[MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?

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.

Fees payable to the IPEA:

[MT] 初步审查费(PCT规则58 ) :

[MT] 该费用减少:
(一)申请人是否有资格申请;
(ii) 为了PCT规则12.3 规定的国际检索目的,有资格享受减免费用的申请人,如中小型企业、微型企业和学术机构,已提供日文译文的申请。

For further details, refer to:
https://www.jpo.go.jp/system/process/tesuryo/genmen/genmen20190401/document/index/leaflet_e.pdf

34,000 JPY

[MT] －用英语进行的初步考试

This fee is payable to the International Preliminary Examining Authority.

69,000 JPY

[MT] 额外初步审查费 (PCT规则68.3 ) :

— For preliminary examinations carried out in Japanese

28,000 JPY

[MT] －用英语进行的初步考试

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

45,000 JPY

[MT] 处理费 (PCT规则57.1 ) :

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

37,700 JPY

[MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :

per request 1,400 JPY

[MT] 如何获取副本:

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

[MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :

per request 1,400 JPY

[MT] 抗辩费(PCT规则68.3(e ) ) :

None

[MT] 逾期提供费 (PCT规则13之三.2 ) :

None

[MT] 预审费退还条件和退还金额:

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

[MT] 国际初步审查可接受的语言 :

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, Saudi Arabia, Singapore, Thailand, the United States of America and Viet Nam.

English,

Japanese

[MT] 不予审查的主题事项 :

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

[MT] 委托书的放弃:

[MT] 管理局是否已放弃提交单独授权书的要求？

是的

[MT] 需要另行授权的特殊情况:

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

[MT] 管理局是否已放弃提交一般授权书副本的要求？

是的

[MT] 需要提供一般授权书副本的特殊情况:

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

[MT] 附件L - 微生物和其他生物材料的存放

[MT] 指定和选任办公室的要求

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 (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

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

[MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:

[MT] 规则13之二.3(a)㈠至㈢所规定的标记：

At the time of filing (must be in the description) (furnishing of the date of deposit of the biological material is not necessary)

[MT] 任何其他说明：

At the time of filing (must be in the description)

[MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :

To the extent available to the applicant, relevant information on the characteristics of the biological material

[MT] 全国阶段

[MT] 进入国家阶段的要求概要

[MT] 进入国家阶段的适用时间限制:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

[MT] 专利局是否允许恢复权利(PCT规则49.6 )?

For further details, refer to paragraph JP.22 of National Chapter JP.

Yes, the Office permits reinstatement of rights under the “unintentional” criterion

Fee for reinstatement

— for patents

212,100 JPY

— for utility models

21,800 JPY

[MT] 国际申请必须翻译成以下语言之一:

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

[MT] 进入国家阶段的翻译必须具备以下内容:

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)

[MT] 在特殊情况下是否需要国际申请副本?

不

[MT] 局是否根据其国家法律接受彩色图纸?

No, the Office permits greyscale drawings

[MT] 国家费用 :

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.

[MT] 专利

[MT] 申请费

14,000 JPY

[MT] 实用新型

[MT] 申请费

14,000 JPY

[MT] 免除、减少或退还费用:

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)

[MT] 局的特殊要求(PCT规则51之二 ) :

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)

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.

Appointment of an agent if the applicant is not resident in Japan

Must be appointed within two months from the date of mailing of the invitation from the Office (refer to paragraph JP.08).

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

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.

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

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

[MT] 谁可以担任代理人?

Any patent attorney, attorney-at-law or other person resident in Japan, or firm registered to practice before the Office

[MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?

是的

[MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?

Yes, the Office applies the “unintentional” criterion to such requests

[MT] 国家阶段的程序

[MT] JP.01 进入国家阶段的表格

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).

[MT] JP.02 国家处理的相关时间

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).

[MT] JP.03 翻译(后期装修)

PCT 条约 22,

PCT 条约 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.

[MT] JP.04 翻译(更正)

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 NP 6.002 and NP 6.003).

[MT] JP.05 根据PCT第19条和第34条提出的修正案的翻译(副本)

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.

[MT] JP.06 费用(支付方式)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex JP.I.

[MT] JP.07优先事项文件

PCT 细则 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.

[MT] JP.08 代理人的任命

PCT 细则 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. Where an applicant has neither his domicile nor residence in Japan and files a special transmittal form (Form No. 53) for entering the national phase not through a representative who has his domicile or residence in Japan (e.g., filing Form No. 53 himself), appointment of a representative and filing of a power of attorney is necessary.

On the other hand, where an applicant has neither his domicile nor residence in Japan and files a Form No. 53 for entering the national phase through a representative who has his domicile or residence in Japan, a power of attorney is not necessary.

Where the applicant filed any documents not through a representative, 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 application 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).

[MT] JP.09 审查请求

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).

[MT] JP.10 请求审查的时限

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.

[MT] JP.11 申请审查的费用

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.

[MT] JP.12 年度费用

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.

[MT] JP.13 申请书的修改;时限

PCT 条约 28,

PCT 条约 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.

[MT] 根据《专利法》第25条进行复审

PCT 条约 25,

PCT 细则 51,

PA Art. 184-20,

PR Rule 38-7,

PR Rule 38-9

The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.

[MT] JP.15 实用新型

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 条约 7(2)(ii),

PCT 细则 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).

[MT] JP.19 转换

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.

[MT] JP.20 核苷酸和/或氨基酸序列

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.

[MT] JP.21 恢复优先权

PCT 细则 49ter.1,

PCT 细则 49ter.2,

PCT 细则 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.

[MT] JP.22 恢复权利

PCT 条约 48(2),

PCT 细则 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).

[MT] 附件 1

[MT] 附件JP.I - 收费

[MT] 专利

[MT] 国家费用

14,000 JPY

[MT] 审查请求的国家费用

14,000 JPY

[MT] 审查请求费 (对于2019年4月1日前提交的国际申请 ) :

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

[MT] (a) 未编制国际查询报告的:

118,000 JPY

plus, for each claim 4,000 JPY

[MT] (b) 国际查询报告由局编制的:

71,000 JPY

plus, per claim 2,400 JPY

[MT] (c) 国际查询报告由局以外的国际查询机关编制的:

106,000 JPY

plus, per claim 3,600 JPY

[MT] (d) 查询报告由根据日本法律指定的查询组织编制的:

94,000 JPY

plus, per claim 3,200 JPY

[MT] 审查请求费 (对于2019年4月1日或之后提交的国际申请 ) :

[MT] (a) 未编制国际查询报告的:

138,000 JPY

plus, for each claim 4,000 JPY

[MT] (b) 国际查询报告由局编制的:

83,000 JPY

plus, per claim 2,400 JPY

[MT] (c) 国际查询报告由局以外的国际查询机关编制的:

124,000 JPY

plus, per claim 3,600 JPY

[MT] (d) 查询报告由根据日本法律指定的查询组织编制的:

110,000 JPY

plus, per claim 3,200 JPY

[MT] 将文件转换成电子格式的费用

2,400 JPY

plus, per sheet 800 JPY

[MT] 年费(每年 ) :

[MT] — 2004年4月1日或之后请求审查的国际申请

[MT] 1至3年级

4,300 JPY

plus, per claim 300 JPY

[MT] 4至6年级

10,300 JPY

plus, per claim 800 JPY

[MT] 7至9年级

24,800 JPY

plus, per claim 1,900 JPY

[MT] 10至25年

59 ,400 JPY

plus, per claim 4,600 JPY

[MT] — 1988年1月1日或之后提交的国际申请,并于2004年3月31日或之前请求进行审查

[MT] 1至3年级

10,300 JPY

plus, per claim 900 JPY

[MT] 4至6年级

16,100 JPY

plus, per claim 1,300 JPY

[MT] 7至9年级

32,200 JPY

plus, per claim 2,500 JPY

[MT] 10至25年

64,400 JPY

plus, per claim 5,000 JPY

[MT] 专利权延伸登记申请费

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.

74,000 JPY

[MT] 转换费用 :

[MT] 实用新型申请的审查

14,000 JPY

[MT] 外观设计申请的审查

16,000 JPY

[MT] 申请恢复的费用

212,100 JPY

[MT] 实用新型

[MT] 国家费用

14,000 JPY

[MT] 审查请求的国家费用

14,000 JPY

[MT] 将文件转换成电子格式的费用

2,400 JPY

plus, per sheet 800 JPY

[MT] 转换费用 :

[MT] 专利申请的审查

15,000 JPY

[MT] 外观设计申请的审查

16,000 JPY

[MT] 技术意见费

[MT] (a) 未编制国际查询报告的;

42,000 JPY

plus, per claim 1,000 JPY

[MT] (b) 国际查询报告由局编制的;

8,400 JPY

plus, per claim 200 JPY

[MT] (c) 国际查询报告是由局以外的国际查询机关确定的。

33,600 JPY

plus, per claim 800 JPY

[MT] 年费(每年 ) :

[MT] — 2005年4月1日或之后提交的国际申请

[MT] 1至3年级

2,100 JPY

plus, per claim 100 JPY

[MT] 4至6年级

6,100 JPY

plus, per claim 300 JPY

[MT] － 7至10年

18,100 JPY

plus, per claim 900 JPY

[MT] 申请恢复的费用

21,800 JPY

[MT] 如何支付费用?

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

[MT] 表格

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex JP.II - Form No. 53: Transmittal form (related to PR Rule 38-4)

Annex JP.III - Form No. 52: Submission of a translation of an amendment under Article 19 (related to PR Rule 38-2)

Annex JP.IV - Form No. 54: Submission of a translation of an amendment under Article 34 (related to PR Rule 38-6)

Annex JP.V - Form No. 44: Request for examination of application (related to PR Rule 31-2)

Annex JP.VI - Form No. 55: Request for review (related to PR Rule 38-8)

Annex JP.VII - Power of attorney