Japanese Intellectual Property, Patent and Trademark Law Firm in Japan

By when a national phase application in Japan must be filed?

You have to file a national phase application in Japan within 30 months after the priority date based on an earlier application.  In case where a PCT application does not claim the priority, the 30 months time limit for entering national phase starts on the international filing date of the PCT application.

Does a Japanese translation have to be filed at the same time of entering national phase in Japan?

You need NOT to file a Japanese translation upon entering national phase in Japan as far as the Japanese translation is filed within 30 months after the priority date (or filing date of the PCT application).  In case where a national phase application in Japan is filed between 28 months and 30 months after the priority date (or filing date of the PCT application), you can file the Japanese translation within 2 months after entering national phase in Japan (i.e., up to 32 months after the priority date (or filing date of the PCT application)).

By when a request for a substantive examination must be filed?

You have to file a request for a substantive examination for a national phase application in Japan within 3 years after filing date of the PCT application (NOT the priority date!).  Namely, it is not necessary to file the request for the substantive examination at the same time of entering national phase in Japan.  Before filing the request for a substantive examination, you need to file a national phase application (i.e., submitting a transmittal form with national filing fee) and a Japanese translation of the PCT application.

When can I amend a national phase application in Japan?

You can amend a national phase application in Japan after (1) submitting a transmittal form with national filing fee, (2) filing the Japanese translation and (3) 30 months after the priority date (or filing date of the PCT application).  However, subject to the requirements of above (1) and (2), in case where a request for a substantive examination has already been filed, you can amend the national phase application in Japan before 30 months after the priority date (or filing date of the PCT application).

When annual fees for a national phase application in Japan must be paid?

Annual fees for a national phase application need to be paid after the patent grant. Namely, you do NOT need to pay annual fees in filing a national phase application in Japan.
Please note that, for registration of a patent, annual fees from the first to the third year have to be paid in a lump within 30 days after receiving the decision of the patent grant from the JPO.

Our comments

As mentioned above, the Japanese translation may be filed within up to 2 months after filing a national phase application in Japan.  Therefore, you have enough time to prepare the Japanese translation even if you file a national phase application in Japan at the last minute of the 30 months time limit for entering.

If you need more information in this matter, please contact us at http://en.aigipat.com/contact/index.html.

End of report