This page provides information for those who wish to obtain patent rights in Japan based on a PCT international application, specifically regarding the deadline for submitting Japanese translations of the specification and other documents to the Japan Patent Office (JPO).
Failure to submit the translations within this deadline will result in the application being deemed withdrawn, preventing the acquisition of patent rights in Japan. Please use the information on this page as a reference and request the translation of your application documents into Japanese well in advance.
(For a overview of the procedures for filing a patent application in Japan based on a PCT international application, please refer to this page.)
Japanese translations of documents related to a PCT international application
Required translations for submission
If you are seeking to obtain patent rights in Japan based on a PCT international application, you must submit Japanese translations of the following documents to the Commissioner of the Japan Patent Office(JPO) within the specified period (Article 184-4, Para.1 of the Japanese Patent Act):
- Specification
- Claims
- Drawings (only the explanations in the drawings)
- Abstract
At our patent office (APEX Patent Solutions), we offer translation services into Japanese, so please feel free to contact us if needed.
Consequences of Not Submitting the Translation
If these documents are not submitted within the deadline, the following actions will be taken:
- Translation of the Specification and Claims: The application will be deemed withdrawn (Article 184-4, Para.3 of the Japanese Patent Act).
- Translation of Explanations in Drawings: The explanations in the drawings will be considered non-existent (Article 184-6, Para.2 of the Japanese Patent Act).
- Abstract: After an amendment order from the Commissioner of the Japan Patent Office(JPO), the application will be rejected (Article 184-5, Para.2, Item 4, and Para.3 of the Japanese Patent Act).
Therefore, if you are considering filing a patent application in Japan, we recommend arranging for the translation into Japanese well in advance.
Deadline for Submitting Japanese Translations
Standard Submission Deadline
The Japanese translations of the above documents must be submitted to the Commissioner of the Japan Patent Office(JPO) within the time limit for submitting national documents(containing the names of the applicant and inventor, the international application number, etc.) , which is 30 months (2 years and 6 months) from the priority date,(Article 184-4, Para.1 of the Japanese Patent Act).
Exceptions to the Submission Deadline
If the national documents are submitted within the period from two months before the time limit for sbmitting national documents, an exceptional extension for submitting the translations may be granted.
This special time limit for submitting translations is two months from the date of submitting the national documents (Proviso to Article 184-4, Para.1 of the Japanese Patent Act).
Additionally, even if you are unable to submit the translations within this extended period, there may be cases where relief measures are available (Article 184-4, Para.4 of the Japanese Patent Act). Please consult our patent office(APEX patent solutions) for further assistance.
