What are the requirements for Japanese invention patent application documents

Submitted by 页之码 on

Filing Language: Japanese

via Paris Convention via Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Microorganism preservation certificate and its Japanese translation
  3. Microorganism survival certificate and its Japanese translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Declaration of Ownership/Certification of Employment/Assignment of priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Entering the Japanese national phase 19/28/34/41 amended
  4. Sequence Listing (PDF format and TXT format)
  5. Microorganism preservation certificate and its Japanese translation
  6. Microorganism survival certificate and its Japanese translation
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer

专利申请流程

  • yes.

    • Within the period of 9 years and 6 months from the date of application for the invention patent, or within 3 months from the date of receipt of the notification of rejection, the patent type of the invention patent may be changed from invention to utility model/design upon request
    • A request to change the patent type from invention to utility model/design can be filed within three months from the date of the JPO’s first decision to reject the application

    A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

    • Grant fee: The applicant needs to pay the granted fee within 30 days after receiving the granted notice, which is the annual fee for the first to third years.
    • Annuity: From the 4th year from the date of granted, the annual fee will be paid year by year, and the payment can be postponed within 6 months after the overdue period, but at the same time, 200% of the annual fee of the current year must be paid as a penalty. The amount of the annual fee depends on the number of Claim, and the annual fee can be paid for several years in one lump sum.
  • Reinstatement of priority on grounds of "due care" accepted.

  • Filing Language: Japanese

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
    4. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Japanese national phase 19/28/34/41 amended
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
  • 5-7 months

  • The JPO conducts formality examination and substantive examination of invention patent applications. The applicant should submit a request for substantive examination within 3 years from the filing date. The JPO makes an granted decision if it determines after review that no grounds for refusal have been found.

  • The JPO conducts formality examination and substantive examination of the design patent application, and the substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request. JPO mainly examines the novelty and inventiveness of designs.

    • (*Secret design: applicants can request that their design remain secret for 3 years from the filing date).
  • Inventors have a novelty grace period of 12 months after disclosure (including sale).

  • yes.

    • Within 3 years from the filing date, the patent type can be changed from utility model to invention upon request of the applicant
    • Utility model patents can be converted to design patents at any time

    A conversion fee shall be paid for patent type conversion. Once the original patent application is converted, it will be deemed withdrawn.

    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.