This page provides information on the response deadlines for Office Actions(OA) issued by the Japan Patent Office (JPO) when filing a patent application in Japan from outside the country.

We hope this page helps those seeking to secure a patent in Japan.

Office Action by JPO

When filing a patent application in Japan from outside the country, there are two possible routes:

  1. Entering the Japanese national phase by designating Japan as a designated or elected country in a PCT international application
  2. Filing a direct patent application in Japan (including cases where Paris Convention priority is claimed based on a foreign application)

In either case, once a request for examination is filed with the JPO, a JPO examiner will assess whether the invention meets the patentability requirements.

If the examiner determines that the application does not meet the patentability requirements, an Office Action (Notification of Reasons for Rejection) will be issued, along with a specified response deadline.

Response Deadline for JPO Office Actions

1. General case

For patent applications filed by applicants who do not reside in Japan, the standard response deadline for an Office Action issued by the JPO is three months (for applicants residing in Japan, the deadline is 60 days).(JPO, Formalities Examination Handbook 04.10)

For example, if an Office Action is issued on January 3, the response deadline will be April 3. If the deadline falls on a non-business day, the next business day will be considered the response deadline.

2. When the extention of the deadline is requested

The standard response deadline is three months as explained above, but by filing a first request for an extension, an additional two-month extension can be granted.

Additionally, a second request allows for a further one-month extension, making the maximum possible extension period a total of three months.

It is possible to file both the first and second extension requests simultaneously.

The fee payable to JPO for each request is 2,100 yen.

Response deadline for the JPO office action (patent)
Response deadline for the JPO office action (patent)

　　　　　PDF file of the above figure "Response deadline for the JPO office action (patent)"

Recovery Measures After Missing an Office Action Response Deadline

Even after the response period for an Office Action has expired, a two-month extension can still be granted if a request for an extension is filed within two months after the original response deadline (pursuant to the 2015 law revision).

To submit this request, a fee of 51,000 yen must be paid to the Japan Patent Office (JPO).

Summary

We have provided information on the response deadline for an Office Action issued by the Japan Patent Office (JPO) when a non-resident applicant files a patent application in Japan.

  • Standard response deadline: 3 months
  • First extension request: Additional 2-month extension available
  • Second extension request: Additional 1-month extension available (total maximum extension: 3 months)

We hope this page helps those considering obtaining a patent in Japan.

If you have any questions or need further clarification, please feel free to contact APEX Patent Solutions (Contact page).