Types of Application

Japanese patent application mainly includes a Normal Application, a Divisional Applicaion, and an Applicatino Claiming Internal Priority.  An application claiming paris priprity will be the Normal Application claiming paris priority. 

Other than those three types, an Internal Application can be entered into Japan. 

Regarding entrance of an International Application into Japan, see, PCT ENTRANCE.

1. Normal Application

• Essential documents required for filing a Normal Application are as follows [Patent Law 36].
    (i) Request
    (ii) Specification
    (iii) Claim(s)
    (iv) Abstruct
• Drawing(s) is/are required if necessary [Patent Law 36].
• A laguage of the Specification, the Claim(s), the Drawing(s), and the Abstruct can be English.  In a case where those documents prepared in English are filed, Japanese Translations of those documents have to be submitted within 16 months from the filing date (or the priprity date if priority is claimed) [Patent Law 36-2]. 
• Official fee (14,000 JPY) is required [Patent Law 195(2)].
  
  

2. Divisional Application

• Divisonal Application can be filed based on a parent application  [Patent Law 44].
• An applicant of the Divisional Application has to be the same as the applicant of the parent application [Patent Law 44].
• The Divisional Application can be filed:
    (i)  In a period in which the Specification, the Claim(s), and the Drawing(s) can be amended (see, Requirements for Amendment) [Patent Law 44(1)1]; 
    (ii) Within 30 days after receiving of a Desition to Grant a Patent (except for the Decision to Grant a Patent received after an Appeal Against Examiner's Decition of Refusal)  [Patent Law 44(1)2]; or
    (iii) Within 3 months after receiving of a Desition of Refusal for the first time [Patent Law 44(1)3].
• It should be noted that the Divisional Application cannot be filed after the resistration of the patent, even if the timing is within 30 days after receiving of a Desition to Grant a Patent.

• The Divisional Application is regared as being filed on the filing day of the parent application [Patent Law 44(2)] 

3. Application Claining Internal Priority

• An applicant of an application (a Prior Application) can file an application (a Posterior Application) claiming priority from the Prior Application, except for the following cases [Patent Law 41(1)].
    (i) More than 1 yaer has been passed from the filing date of the Prior Application  [Patent Law 41(1)1].
    (ii) The Prior Application is a Divisional Application [Patent Law 41(1)2].
    (iii) The Prior Application has been abandoned, withdrawn, or dismissed at the timing of the filing of the Posterior Application [Patent Law 41(1)3].
    (iv) A final decition or an appeal decision has been confirmed for the Prior Application at the timing of the filing of the Posterior Application [Patent Law 41(1)4].

• Invention(s) described in the Posterior Application as well as the Prior Application will be regarded as being filed at the timing of the filing of the Prior Application ragareing an examination for novely, inventive-step, etc.  [Patent Law 41(2)] .

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