Japanese Intellectual Property, Patent and Trademark Law Firm in Japan

Procedure

Term*

Filing an application claiming priority

one year from the priority date

priority documents must be submitted within sixteen months from the priority date (no need to submit the documents when the application filed to any of the Patent Offices with which electronic exchange of priority documents is available (USPTO, EPO, KIPO, etc.)

Submission of a Japanese translation for a foreign language application*2

within fourteen months from the priority date

Entry of a PCT application in the national phase

within thirty months from the priority date

Submission of amendments/arguments

in response to office actions

within three months from the issuance of the notice of reasons for rejection.

an extension of time up to three months is available (an additional fee must be paid).

at the time of demand of appeal against examiner’s decision of rejection

Seeking exceptions to lack of novelty (Grace period)

an application has to be filed within six months from the day of disclosure (even an application claiming priority has to be filed within six months from the disclosure)

documents proving the fact that the invention can be applicable for a grace period with material evidence within thirty days from the filing date

Filing a request for examination

within three years from the filing date/ the international filing date

Payment of annual fee

first installment must be paid within thirty days from the date of service of a decision of grant

an extension of time up to thirty days is available (an additional fee must be paid).

Submission of a demand of appeal against examiner’s decision of rejection

within three months from the date of service of a decision of rejection

an extension of time up to one month by ex officio

Filing a suit against appeal /trail decisions etc.

within thirty days from the date of service of a decision