PCT International Applications
A PCT (Patent Cooperation Treaty) international application is a convenient filing method to obtain patent rights outside your own country.
By filing a single application, it has the same effect as applying simultaneously to all PCT member countries including Japan, saving considerable effort compared to filing in each country individually.
However, to obtain patent rights in Japan based on PCT application, you must undergo a procedure called national phase entry, which involves bringing the PCT application under the examination process of Japan. If you wish to secure patent rights in Japan after filing a PCT international application, please contact our office.
How to Transition Your PCT Application to Japan
When transitioning a PCT international application to the national phase in Japan, the following procedures shoud be taken.
1. Translation of the specification and other documents into Japanese
We submit the Japanese translations of the specification, claims, and other documents related to the international patent application to the Commissioner of the Japan Patent Office(JPO).
Our office provides translation services into Japanese, so please feel free to request the translation if needed.
The submission deadline of the translation is generally within 30 months (2 years and 6 months) from the international filing date (or the priority date for applications claiming priority) according to PCT Article 22. There are some exceptions, so please contact us for more details if necessary.
2. Submission of required documents (National documents)
A document containing information about the applicant and the inventor, as well as the PCT international application number (referred to as the national document, as outlined in Article 184-5 of the Japan Patent Act) should be submitted to the Commissioner of the Japan Patent Office(JPO) .
The submission deadline is the same as in point 1.
3. Payment of fees
A fee of 14,000 yen is required to be paid to the Japan Patent Office (JPO) for the national phase entry. Additionally, there will be fees for our patent office services. Please contact us for detailed information regarding the costs.
The submission deadline of the fee is the same as in point 1
4. Notification of patent agent
A representative for the patent application should be appointed and notified to the Commissioner of the Japan Patent Office(JPO) within the specified period. If you entrust our office with the national phase entry procedures for Japan, one of our patent attorneys will serve as the patent administrator.
5. Submission of other documents
If amendments have been made to the claims or other parts of the application under PCT Articles 19 or 34 before the national phase entry, the translations of the amended claims and other documents must be submitted within the prescribed period.
Request for examination
After completing the above procedures for national phase entry into Japan, a request for examination shoud be submitted to the Japan Patent Office (JPO).
This must be done within three years from the PCT international filing date. If a request for examination is not made within this period, the application will be deemed withdrawn, so it is essential to complete the procedure within the deadline (Japan Patent Act, Article 48-3, Paragraph 4).
To request an examination, a fee must be paid to the JPO. This fee varies depending on whether the international searching authority was the JPO and the number of claims. For specific fee details, please feel free to contact our office.