Q & A

Types of Application

(Q1-1)

Can we file a Japanese Patent Applicatin without a claim, like a Provisional Application in U.S.

(A1-1)

No.  At lease one claim must be filed for ensuring a filing date.

(Q1-2)

Is any size fee requied for a lengthy specification.

(A1-2)

No.  The filing fee is 14,000 JPY irrelative of the size of the specification, and the size of the specification does not affect an amount of the Examination fee.

(Q1-3)

When is the final opportunity to file a Divisional Application.

(A1-3)

In a case where you receive a Decision to Grant a Patent, within 30 days after receiving the Decision to Grant a Patent is the final opprtunity.  Please note that the Divisional Application cannot be filed after the registration of the Patent even if 30 days has not passed after the receiving of the Decision to Grant a Patent.  The patent will be registered several days after the payment of the Annual Fees for Patents for the first to third years.  In a case where you receive a Desition of Refusal, the defact final opportunity is within 3 months after the receiving of the Desition of Resufal.  In the Appeal against Examiner's Decision of Refusal, you can file the Divisional Application only if an Appeal Examiner issues a Notification of Reasons for Refusal.  Thus, we recommend filing the Divisional Application at the timing when you file the Appeal against Examiner's Decision of Refusal, if necessary. 

Basic Flow after Filing

(Q2-1)

Is there any system like the Request for Continued Examination (RCE) of the U.S. system?

(A2-1)

No.  Thus, if a response to the Final Notification of Reasons for Rejection does not overcome the reasons for rejections, an applicant proceeding further has to file an Appeal or file a Divisional application. 

(Q2-2)

How long will it take after filing a Request for Examination until receiving a first Office Action (a Reasons for Rejection or a Desicion to Grant a Patent)?

(A2-2)

According to the recent announcement by the JPO, it takes approximately 10 months.