Flowchart for Patent Application in Japan
Flowchart for Patent Application in Japan
|Your Firm||Our Firm||Japan Patent Office|
|Cost Inquiry||Cost Estimate|
|・We will provide estimation on fees for procedures from
entering/ filing to registration.
・In PCT case, we can provide estimation if you let us know only your international
|Provide the patent Documents for Entering/ Filing||→||Procedure to Enter/File an
|→||Acceptance of Application|
|In the case of entering a PCT application into the Japanese national phase, if you let us know your international application number, we will take the necessary documents/ information from the Web site of WIPO.||At first we enter/ file the
application,then we will prepare and
file the Japanese translation within 2 months from the date of entering the application (PCT) or within 16 months from the priority date (Paris Convention).
|・An application number will be issued.
・The submitted documents are checked to see whether or not they fulfill formality requirements.
|Publication of Unexamined
|・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.
|・The examiner examines whether the application satisfies
all the requirements for registration.
・Examination results (Decision to Grant a Patent or Notice of Reasons for Refusal) will be notified around 9-14 months after the filing Request for Examination.
|( 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/ 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.
|・We will provide necessary explanation regarding the
content of the response.
|Filing the Response||→||Acceptance of the Submission
|・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
|←||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 to Grant
|←||Decision to Grant a Patent|
|・We will inform you when we receive Decision to Grant a
Patent from JPO.
|・If the application satisfies the requirements for Patent
registration, Decision to Grant a Patent will be issued.
(usually, the Decision is made after approximately 14 months from the filing Request for Examination)
|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
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