PATENT FILING IN JAPAN

As corporate business activities are becoming increasingly globalized, number of patent filings from overseas to Japan is growing. In response to such demands, JPO has been working to expand Patent Prosecution Highway (PPH), which is a program that provides accelerated patent prosecution procedures based on sharing JPO’s examination results. Recently, a bilateral Patent Prosecution Highway (PPH) pilot program has commenced between the Indian Patent Office (IPO) and the Japan Patent Office (JPO). Also, Japan has been promoting harmonization with major countries such as the U.S., Nations in the EU, China and South Korea in their respective systems and operations. GPF can assist in efficiently and promptly, using accurate translations, filing of patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in dealing with Patent Filing/ Prosecution as per Japanese Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 139.50
Attorney Fee
$ 940.50
Translation Fee
$ 1500
Total
$ 2580
Documents Required

 

  • Request to grant a patent in Japan;
  • Application materials in English or Japanese;
  • Applicant’s and inventor's details;
  • Priority right date and country
  • Priority Application number (if assigned).
Filing to Grant Procedure
1
STEP 1 : FILING

A patent application may be filed in Japan as:

 

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

2
STEP 2 : PUBLICATION

Ordinarily publication is done within 18 months of priority date.

3
STEP 3 : EXAMINATION

Request for examination has to be made within 36 months from the International filing date.

4
STEP 4 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 90 days from the date of issue of the FER.

5
STEP 5 : GRANT

Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.