Inventors have a novelty grace period of 12 months after disclosure (including sale).
Reinstatement of priority on grounds of "due care" accepted.
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 only for utility model patent applications.
The design does not lose its novelty if it is disclosed by the designer in Japan within 12 months from the filing date/priority date.
25 years
- Inventions under the via Paris Convention : 12 months from the earliest priority date.
- via Nationalization of PCT inventions: 30 months from the earliest priority date.
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).
Reinstatement of priority is accepted on grounds of "due care."
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 Once the original patent application is converted, it will be deemed withdrawn.