Basic Flow after Filing

The following is a flowchat illustrating a basic flow after filing Japanese Patent Application.

Further description about each box will be described below the flow chart.

1. Piblication of Unexamined Application

An application will be published after 18 months from the filing date (or the priprity date if any) [Patent Law 64(1)].
The applicant of the application can request to publish the application, if the applicant wishes to publish the application early [Patent Law 64-2].

2. Request for Examination

In order to start substantive examination, filing a Request for Examination and payment of an Examination Fee is required [Patent Law 48-2, 195(2)].
The Requst for Examintion can be filed within 3 years from the filing date (not the priority date) [Patent Law 48-3(1)].
Anyone can file the Request for Examination [Patent Law 48-3(1)].
Regarding a Divisional Application, the Request for Examination can be filed within 30 days from the day on which the Divisional Application is actually filed [Patent Law 48-3(2)].
The Request for Examination cannot be withdrawn, if it has once been filed [Patent Law 48-3(3)].
If the Request for Examination is not filed within 3 years from the filing date, the application is deemed to be withdrawn [Patent Law 48-3(4)].
The Examination Fee is 138,000+(@×4000) JPY. (@ is the number of claims) [Patent Law 195(2)].
The Examination Fee will be lower than the above, if the application is a national stage of an International Application, and the Serach Report issued in the international stage exists.

3. Non-final Notification of Reasons for Rejection

If the Application includes Reasons for Rejection, a Notification of Reasons for Rejection will be issued [Patent Law 50].
Basically, the Notification of Reasons for Rejection issued first will be Non-final.
The Applicant can file a Written Opinion and an Amendment within a predetemined period indicated by the Notification of Reasons for Rejection [Patent Law 17-2(1)1, Patent Law 50].
The predetermined period will be 3 months from the receiving date of the Notification of Reasons for Rejection if the applicant lives outside of Japan, and 60 days from the receiving date of the Notification of Reasons for Rejection if the applicant lives in Japan.
If the applicant lives outside of Japan, the predetermined period can be extended 2 months by requesting prior to the due date with the official fee of 2,100 JPY, and can be extended further 1 month by requesting prior to the due date extended by 2 months with the additional official fee of 2,100 JPY.
If the applicant lives in Japan, the predetermined period can be extended 2 months by requesting prior to the due date with the official fee of 2,100 JPY.
Regarding the contents of the Amendment, please see Requirements for Amendments.

4. Final Notification of Reasons for Rejection

If the Application includes Reasons for Rejection caused by the response to the Non-final Notification of Reasons for Rejection, a Final Notification of Reasons for Rejection will be issued [Patent Law 50].
Rules regarding a response to the Final Notification of Reasons for Resusal is basically the same as the rules regarding the response to the Non-final Notification of Reasons for Resusal, except for the Requirements for Amendment. Please see Requirements for Amendments.

5. Decision of Rejection

In a case where an Examiner determines that the response to the Final Notification of Reasons for Rejection does not overcome the Reasons for Rejection, the Examiner will issue a Decision of Rejection [Patent Law 52].
Note that, the Decision of Resusal will also be issued in a case where the Examiner determines that the response to the Non-final Notification of Reasons for Rejection does not overcome the Reasons for Rejection and the response does not cause any new Reasons for Rejection. Such a case can happen, for example, in a case where the argument in the Written Opinion is not pursuasive and the Amendment of the claim is not submitted.
The applicant can file an Appeal against Examiner's Decision of Rejection within 3 months from the receiving date of the Desicion of Rejection [Patent Law 121(1)].

6. Appeal against Examiner's Decision of Rejection

The applicant who has received the Decision of Rejection can file an Appeal within 3 months from the receiving of the Notice of Decision of Rejection [Patent Law 121(1)].
In a case where the Specification, the Claim(s), or the Drawaings is amended simultaneously with the filing of the Appeal, an Examiner will examine the case [Patent Law 162].
In such a case, the Examiner will withdrawn the Desicion of Rejection and issue a Decision to Grant a Patent, or transfers the case to Appeal Examiners [Patent Law 164].

7. Suit against Appeal

A suit aginst an Appeal Decision can be filed within 30 days after receiving of a copy of the Appeal Decision [Patent Law 178(3)].
The time limit of action against the Appeal Decision (that is, 30 days) is an invariable period [Patent Law 178(4)].
An additional peried to the 30 days period may be applied to an applicant living outside of Japan [Patent Law 178(5)].

8. Desition to Grant a Patent

In a case where the Examiner determines that the application does not include any Reasons for Rejection, the Examiner has to issue a Decition to Grant a Patent [Patent Law 51].
The applicant has to pay Annual Fees for Patent for the first to third years for granting a patent, within 30 days after the receiving date of the Desicion to Grant a Patent [Patent Law 108(1)].
The applicant can request to extend the 30 days time limit described above up to 30 days [Patent Law 108(3)].
The Annual Fees for Patent for the first to third years are {4,300+(@×300)}×3 JPY (@ is the number of claims) [Patent Law 107].