Thank you for visiting the APEX Patent Solutions web page.
On this page, we’ll explain the national phase entry in Japan.
What is National Phase Entry in Japan?
"National Phase Entry in Japan" refers to the necessary procedures for an international application under the Patent Cooperation Treaty (PCT) to undergo examination in Japan. This process allows the PCT international application to move into the domestic phase, where it will be reviewed by the Japan Patent Office(JPO).
Once a PCT international application is submitted and the Receiving Office(RO) acknowledges the international filing date, that application is treated as if it were a domestic patent application filed in Japan on that date (unless Japan was excluded as a designated country in the PCT application). However, if the National Phase Entry in Japan is not completed within a specified timeframe, the application will be considered withdrawn.
Therefore, if you intend to obtain patent rights in Japan based on a PCT international application, it is essential to complete this transition process.
Deadline for National Phase Entry in Japan
The deadline for National Phase entry in Japan is 30 months from the "priority date" (PCT Articles 22 and 39, and Article 184-4 of the Japanese Patent Law).
If the PCT international application does not include a claim for priority, the deadline is 30 months from the "international filing date".
It is crucial to complete the national phase entry by this deadline. If you do not take the action, your application will be considered withdrawn in Japan (Article 184-4, Para. 3 of the Japanese Patent Law). Therefore, if you want to obtain a patent in Japan based on an international application, be sure to complete the transition process within the timeframe mentioned above.
Procedure for National Phase Entry in Japan
You must complete the following procedures with the Japan Patent Office(JPO) within the specified deadline:
- Submission of Domestic Documents
- Submission of Translations of Specifications into Japanese
- Notification of Patent Agent
- Payment of Fees
- Translation of Amendments under PCT Articles 19 or 34 into Japanese
For more details on these procedures, please visit this page: [Procedures for Transitioning PCT International Applications to Domestic Filing in Japan].
Fees Required for National Phase Entry in Japan
You need to pay a fee of 14,000 yen to the Japan Patent Office(JPO) for National Phase Entry in Japan.
Please note that even after entering the national phase, there are additional fees to be paid before obtaining a patent in Japan:
- Application Examination Fee: This varies depending factors such as which agency prepared the international search report. Reductions or exemptions may be available for certain applicants, including those outside of Japan. Please contact our patent office for more details.
- Patent Fees: From the 1st to the 3rd year: 4,300 yen per year plus 300 yen for each claim.
Furthermore, if you need to submit corrections for translation errors or file an appeal against a rejection, additional fees will apply. For more information, please reach out to our patent office.
For National Phase Entry, please contact us
We invite you to entrust your national phase entry in Japan to APEX Patent Solutions. Our knowledgeable patent attorney is here to guide you through the entire process, ensuring a smooth and efficient experience. Contact us for expert assistance!