Flowchart for Registering Patent in Japan

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Your Firm Our Firm Japan Patent Office
Cost Inquiry Cost Estimate
We will provide estimation on fees for procedures from
filing to registration.
In PCT case, we can provide estimation if you let us know only your international
application number.
Proposal regarding the
content of the Application
We will prepare the patent application including
specifications,claims, abstract and drawings.
Check
the Filing Documents
Drafting Documents for
Filing an Application
We will ask you to check the content of the application
to see if it meets your requests.
Procedure to File an
Application
Acceptance of Application
If you submit an application including documents written in English, we prepare a Japanese translation within 2 months
from the date of filing of the Application.
An application number will be issued.
The submitted documents are checked to see whether or not they fulfill formality requirements.
Publication of Unexamined
Applications
・A publication will be published after 18 months from the date of filing of the application.
Instruct
to pay the fee for Request for
Examination
Procedure to pay the fee
for Request for Examination
Request for Examination
A Request for Examination must be filed within 3 years
from the filing date of the application.
In PCT case, the due date for filing a Request for Examination is 3 years from the International filing date.
Substantive Examination
The examiner examines whether the application satisfies
all the requirements for registration.
Examination results (Decision of registration or Notice of Reasons for Refusal) will be
notified around 9-14 months after the filing date.
( If Reasons for Refusal is notified)
Reviewing
Response to Notice of Reasons for Refusal
Proposal regarding Response
to Notice of Reasons for Refusal
Notice of Reasons for Refusal
We will comment on the reasons for refusal, propose on
how to respond to the notice, such as objecting by filing an argument/by filing an amendment .
When the application does not satisfy the requirements
for Patent registration, Reasons for Refusal will be notified.
Response must be submitted within 3 months from the date of dispatch of Notification of Reasons for Refusal.
3 months extension of time for response can be requested.
Reviewing
Arguments
/Amendments
Arguments
/Amendments
We will provide necessary explanation regarding the
content of the response.
Filing the Response Acceptance of the
Submission
/Substantive Examination
The examiner will conduct another substantive examination
to consider whether the response is sufficient to overcome the reasons for
refusal or not.
Reviewing
Decision of Final Refusal
Proposal regarding Response
to Decision of Final Refusal
Decision of Final Refusal
We will comment on the Final Refusal, propose on how to
respond to the notice, such as filing an Appeal against the examiner’s decision.
In the case the application was decided to be refused,
the applicant may file an Appeal against the examiner’s decision.
Reviewing
Documents for Appeal against Decision of Refusal
Filing Appeal against
Decision of Refusal
Appeal Decision of Refusal
If the applicant has an objection to the Decision of
Refusal, the applicant can file an Appeal against examiner’s decision of refusal.
In the case the Appeal Decision of refusal is maintained,
the applicant may file an Appeal against JPO with the intellectual Property High Court.
Reporting Decision for
Registration
Decision for Registration
We will inform you when we receive Decision for Registration from JPO. If the application satisfies the requirements for Patent
registration, Decision for Registration will be issued.
(usually, a decision is made after approximately 9-14 months from the filing of an application)
Instruct
to pay the registration fee
Paying the registration fee
The application will be dismissed if the registration fee
is not paid within 30 days after the Decisions transmitted.
Reporting Patent
Registration
Registration/
Issuance of Registration Certificate
The patent rights are effective for 20 years counted from the Japanese filing date
(in PCT case, from the international filing date).
Certificate of Patent Registration is issued with the Registration Number and
Date of Registration after 2 to 3 weeks from the payment of registration fee.
Issuance of Patent Gazette
A Patent gazette on which the details of patent rights are described is published to widely announce that the Patent rights has been established.
Annuity Application for Annuity
Registrant shall pay
annuity fees for each year to the expiration of the duration.
We will notify you when   the payment time for the annuity
is approaching.

 

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