The JPO conducts formality examination only for utility model patent applications.
1-2 years
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).
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 Once the original patent application is converted, it will be deemed withdrawn.
- 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.
20 years, and the validity period of patents for pharmaceutical inventions and pesticide inventions can be extended to 25 years upon application.
10 years
- Grant fee: The applicant should pay the granted fee and the annual fee for the first year within 30 days after receiving the granted notice.
- Annuity: The annual fee shall be paid year by year from the second year from the date of granted, and the payment of the annual fee may be postponed within 6 months if the annual fee is overdue, but a 200% penalty shall be paid at the same time.
25 years
Japan Patent Office
English: Japan Patent Office, abbreviation: JPO
Website: Japan Patent Office (jpo.go.jp)
Japanese Invention Patent Search: Japan Platform for Patent Information｜J-PlatPat [JPP] (inpit.go.jp)
Inventors have a novelty grace period of 12 months after disclosure (including sale).