Submitting International Search Report or Priority document

Q) Is it necessary to submit copy of International Search Report or Priority Document(s) ?

A) No.

We do not have to file copy of International Search Report (ISR) or Priority Document(s) with the Japan Patent Office (JPO). The JPO acquires these documents through WIPO.

In rear cases, the JPO cannot get these document(s) via WIPO, when the JPO requires the Applicant to submit the necessary copy without time limit.

Claim fee in entering Japanese phase from PCT international application

Q) Are there any claim fees when filing a Japanese national phase application in Japan ?

A) No.
(1) In filing a national phase patent application in Japan, the official fee is flat (i.e. 15, 000 yen).

However,
(2) In later stages, examination fee and registration fee depend on the number of claims.

Patent Application Number in Japan

Q1) Is the Japanese patent application number same as the PCT application number ?

When is the application number notified ?

A1) No.

 

Q2) When is the application number notified ?

A2) The Japanese patent application number has the format of “2008-0000000”, more precisely “tokugan 2008-0000000”.

The application number is notified 3 to 5 month after the national phase patent application in Japan (national phase entry into Japan).

cf. In case of a non-PCT patent application, the patent number is given immediately after filing patent application.

Just before the 30-month deadline for Japanese national phase application

Q) The 30-month deadline expires soon! What should I do ?

A) The minimum necessary particulars are:

(1) to file the formal paper for national phase entry with Japanese Patent Office via Japanese registered patent attorney, and

(3) to submit the Japanese translation of the International Patent Application to the JPO within 2
monthe from the national phase entry.

Furnishing Japanese translation of the international patent application

Q) Furnishing Japanese translation of the international patent application:

A) For maintaining the pendency of the Japanese patent applications resulting from PCT applications, Japanese translations of the following documents are required.

(1) The description,

(2) The claims,

(3) The drawings (limited to any text matter of the drawings), and

(4) The abstract.

Time limit applicable for entry

Q) Time limit applicable for entry into Japanese national phase:

A) 30 months from the priority date.

The priority date means the filing date of the earliest application of which priority is claimed, and where no priority is claimed, the international filing date.

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