Procedures for obtaining Patent Rights in Japan
STEP 1 Needed information
(1)Literal description of the invention that is being registered.
(Photos/Pictures are necessary.)
(2)Application Numbers from your original application in your country.
(Only when claiming 'Priority under the Paris Convention')
-A specification with Claims
-Drawings, a sheet for figures must be A4 size. The area available for figures on a sheet, must be separated in the longitudinal direction of the sheet
-Name and Address of the Inventor
-Certified Copy of the basic application
STEP 2 Translation
Application draft written in foreign language (language other than Japanese) must be translated into Japanese in accordance to the Japanese Patent law.
STEP 3 Patent Application
We will prepare application documents for you and file them to JPO.
STEP 4 Request for Substantive Examination
Patent Law in Japan, divides “Application” and “Examination” as two separate procedures (though, the request for substantive examination could be made with the application). Therefore, all patent applications are not automatically examined.
The applicant must submit the “Request for Substantive Examination” within 3 years from the patent application filing date. If the request is not made within this period, the application will be deemed withdrawn, and patent right will not be granted.
STEP 5 Substantive Examination
The substantive examination will be taken approximately 24 months after the substantive examination is requested. If the examiner could not find any reason to refuse, the application will be patented; Otherwise, a notification of reasons for refusal will be sent to the applicant. But in this case, the applicant may be allowed to submit a written argument or an amendment or both to traverse the refusal (response to OA※).
※About response to OA (Office Action)
If a notification of reasons for refusal is received, either PCT route or Pairs route, our attorneys will make every effort to assist clients to obtain patent rights in Japan; Besides providing professional advices and listening attentively to your opinions, we will also prepare and file the argument or amendment at a very reasonable price.
STEP 6 Patent Registration
If there are no reasons for refusal or when the reasons are eliminated after the response to OA, the examiner will grant patent right. The patent right will only come into force if the applicant complete the payment of registration fee in time.
Patent Right valid for Twenty years, from the date of application
>Please feel welcomed to contact us, for any assitance in Japanese IP matters.
We promise to offer you a high quality service for a reasonable price.
Please be aware that we may request for additional informaiton, such as PCT publication No.or National application No., if necessary.