Patenting in Japan

Japan is a country of innovative progress; therefore, this jurisdiction is attractive for obtaining patents and introducing innovations into the industrial business process. Patenting in Japan is one of our priority services. You can obtain a patent for an invention or utility model in the following ways:

  1. Filing an initial application directly with the Japanese Patent Office is a national procedure.
  2. Filing a patent application within 12 months from the filing of the first patent application in another country under the Paris Convention.
  3. Entry into the national phase in Japan on the basis of an international PCT application within 31 months from the priority date.

Our Japanese patent attorney will develop a patent strategy according to the objectives, business goals and/or inventor. For advice, write to us on Telegram.

SION Service Patenting in Japan

Patenting in Japan Features

In Japan there are many subtleties that relate to the preparation and examination of a patent application, as well as the timing of patenting and payment of state fees. Legal regulation is carried out in accordance with the Patent Act.

Main features:

  • Responsible authority: Japan Patent Office;
  • There is a database of registered industrial property;
  • Record keeping is conducted only in Japanese;
  • Foreigners may only be represented by attorneys accredited in Japan;
  • All applications undergo a formal examination; the invention additionally undergoes a substantive examination. You can request the latter within 3 years after submitting documents;
  • In total, the process of patenting an invention can take about 3 years, registering a utility model 2-3 months;
  • The validity period of a patent for an invention is 20 years, a patent for a utility model is 10 years;
  • The cost of the process will depend on the number of claims.

The patenting will be handled by our attorney who speaks Japanese and is well versed in the patenting process in Japan. Our agent will provide answers to examination requests (if necessary), successfully complete registration, and ensure timely payment of annual fees. The first is paid three years in advance, the next – annually.

Patent Process in Japan

Patenting, regardless of the country, always begins with a preliminary patent search. Based on the results, our attorneys will draw conclusions about the possibility of obtaining a patent, and also develop an effective strategy for protecting the rights of the inventor or business. They will prepare a high-quality application, taking into account all the features of Japanese patent legislation.

A patent application for inventions includes information about the applicant, a protection claim, description, abstract, and, if necessary, drawings, translations and other additional documents. It is necessary to note that if the application is submitted within the national phase of the PCT application or within the framework of the Paris Convention, the availability of priority documents certified by the issuing office and their translations into Japanese is mandatory.

The examination procedure for an invention application consists of two stages – formal and substantive. A request for a substantive examination can be made within 3 years after completion of the formal stage. Subject to payment of all mandatory fees and the availability of all necessary documents, the office will conduct a substantive examination and, if successful, issue a decision to issue a patent for the invention.

In case of refusal to obtain a patent, it is possible to file an appeal. It will be reviewed by a special JPO department. In case of an unsatisfied decision, it is possible to continue the protection of rights in the Supreme Court of Intellectual Property and the highest court – the Supreme Court of Japan.

Patenting in Japan cost of services and fees

The patenting process in Japan requires payment of mandatory official fees and fees from the JPO Patent Office at each stage of the process. Without making the required payments, the application may remain without consideration. The following categories of mandatory fees are provided for obtaining a patent for an invention:

  • filing an application for an invention, including on the basis of a PCT application, 14,000 JPY, which is approximately 100 USD upon conversion;
  • filing an application for an invention in a foreign language 22,000 JPY
  • request for examination JPY 138,000 + JPY 4,000 for each claim – if the international search report is prepared by a JPO (in accordance with the PCT): JPY 83,000 + JPY 2,400 for each additional claim – if the international search report is prepared by an international search authority, other than JPO (under PCT) JPY 124,000 + JPY 3,600 for each additional claim – if the search report is compiled by a designated search organization JPY 110,000 + JPY 3,200 for each additional claim.

The utility model application fee is also JPY 14,000. The cost of our services will depend on a number of factors, such as the number of objects to conduct a search, the time spent on preparing a patent application, and support of the patenting process in JPO.

Regardless of the chosen method of obtaining a patent for an invention, the applicant receives the same set of rights as national protection in Japan. After receiving a document of protection, the invention or utility model can be transferred for use under a license, sold or disposed of in any other way.

To receive detailed advice and request the cost of patenting an invention or registering a utility model in Japan, contact us by e-mail: info@sion-ip.com or in any other way posted on our website.

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