Welcome to the APEX Patent Solution website! We are an international patent firm based in Japan.
This page outlines the basic process for obtaining a patent in Japan.
If you have any questions or need more detailed information, please feel free to contact us.
Please note that the procedure explained in this page is basic process to obtain patent in Japan. The process may differ if you are designating Japan for national phase entry via a PCT international application or if you are filing an appeal against a rejection decision from Japan Patent Office(JPO).
If you need information on these specific cases, do not hesitate to reach out to us.
1. Patent application
To file a patent application in Japan, you need to submit a complete set of application documents to the Japan Patent Office (JPO). Nowadays, most of the applications are filed by online using dedicated software, and our office also apply by online. If you choose to file on paper, an additional fee is required to convert the documents into electronic format. The necessary documents for the application generally include the application form, specification, claims, any necessary drawings, and an abstract. The filing date is typically the date when the application form is submitted to the JPO. The filing fee to be paid to the JPO is 14,000 yen. Additionally, there will be separate fees for our patent office services, so please inquire for the total cost needed for the application.
While you should submit the application documents basically in Japanese, it is also possible to submit documents in a foreign language. Although the filing fee is slightly higher at 22,000 yen, this option allows you to secure an early filing date by saving translation time into Japanese. If you wish to file the application earlier than translating it into Japanese, please tell us your internt to file in a foreign language. Note that even in this case, you must submit a Japanese translation of the documents to the JPO within 14 months of the filing date. We can also handle the translation into Japanese upon request. Failure to submit the translation within this period may result in the application being deemed withdrawn or rejected.
2. Patent publication
In Japan, patent application documents are made available to the public 18 months after the filing date, regardless of the examination status at the Japan Patent Office (JPO). If the application was filed with documents in a foreign language, both the foreign language documents and the subsequently submitted Japanese translations will be published.
You can also request early publication before the 18-month period. If your invention is being used by others, you can issue a warning after the application is published. This allows you to claim compensation for any unauthorized use that occurs after the warning and before the patent is officially granted. If you want to claim compensation for unauthorized use of your invention, early publication is a useful tool. Please consult our office if you wish to request early publication.
3. Request for examination
In Japan, a patent application will not be examined unless a request for examination is filed. If this request is not made within three years from the filing date, the application will be deemed withdrawn. If you wish to obtain a patent, please inform us during the consultation, and we will proceed with the request for examination. The examination request fee that should be payed to the Japan Patent Office (JPO) is 138,000 yen plus 4,000 yen per claim.
You can also request an examination simultaneously with the patent application if you are certain about obtaining the patent. Please let us know your preference regarding the timing of the examination request during the consultation.
4. Substantive examination
When a request for examination is filed, the examiner at the Japan Patent Office (JPO) evaluates the patent application against various patentability requirements. These include novelty (Article 29(1) of the Japan Patent Act), inventive step (Article 29(2)), and the expanded scope of prior applications (Article 29-2).
5. Office action
If an examiner at the Japan Patent Office (JPO) finds grounds for rejection (Article 49 of the Japan Patent Act) during the examination, a notice of reasons for rejection will be issued to the applicant. Upon receiving this notice, we will promptly inform you and discuss the necessary actions. These actions may include submitting a written argument or amending the specification. It is crucial to respond within the specified period, so we will immediately notify you upon receiving the notice. We will then consult with you on how to proceed. Please note that there will be fees for our services in handling the response, so please contact us for details of the costs.
6. Notice of allowance
If the examiner at the Japan Patent Office (JPO) does not find any reasons for rejection, or if any identified reasons are resolved through amendments or arguments, a decision to grant the patent will be issued.
7. Notice of rejection
Aafter receiving a notice of reasons for rejection from the Japan Patent Office (JPO), if the reasons are not resolved through amendments or arguments, or if the specified period for response is missed, a decision of rejection will be issued. In this case, it is possible to file an appeal against the decision of rejection. We can discuss the appropriate response as needed. Please note that there will be fees for our services in handling the response, so contact us for details regarding the costs.
8. Patent registration
Upon receiving a certified copy of the decision to grant a patent from the Japan Patent Office (JPO), the first to third-year patent fees must be paid within 30 days, in principle. The fee for each year is 4,300 yen plus 300 yen per claim.
For the fourth year onward, the annual patent fees must be paid in advance each year to maintain the patent. The fee increases as more time elapses from the filing date. If you need specific information about the patent fees, please feel free to contact us.