Basic Rules
The following is the basic rules regarding the entrance of the PCT application into Japan.
1. Documents etc. Required for Entering
- A National document (that is, a document describing bibliographic information such as an international application number, a name of an applicant, a name of an inventor etc.) [Patent Law 184-5(1)].
- Japanese Translations of a specification, claims, drawings (only wordings in the drawings), and abstract [Patent Law 184-4(1)] .
- Official fee (14,000 JPY) [Patent Law 195(2)].
2. Time Limit
- Those listed in above section 1 should be filed within 30 months from the priority date [Patent Law 184-4(1), 184-5(1), 195(2)].
- The 30 months time limit cannot be extended.
- If the national document is filed after 28 months from the priority date, the Japanese Translations can be filed within 2 months from the date on which the national document is filed. That is, defact 2 months extention in maximum will be given for preparing the Japanese Translations [Patent Law 184-4(1)]. No extra official fee is required.
3. Amendment
- In a case where the amendment under Article 19 PCT has been filed in the international stage, the Japanese Translation of the claim(s) in above section 1 can be the Japanese Translation of the claim(s) after the amendment under Article 19 PCT [Patent Law 184-4(2)].
- In a case where the amendment under Article 34 PCT has been filed in the international stage, the Japanese Translation of the amendment under Article 34 PCT should be filed, in principle, within a period in which the Japanese Translation of above section 1 can be filed (see, above section 2) [Patent Law 184-8(1)].
- Amendments other than above can be filed, in principle, after all of the documents etc. listed in above section 1 have been filed, and the period in which the Japanese Translations of above section 1 can be filed (see, above section 2) has been passed [184-12(1)].
4. Request for Examination
- In order to have the entered application examined, filing an Request for Examination is required [Patent Law 48-3].
- The Request for Examination should be filed within 3 years from the filing date (not the priority date) [Patent Law 48-3].
- The Request for Examincation cannot be filed until all of the documents etc. listed in above section 1 have been filed [Patent Law 184-17].
- An Examination fee should be paid together with the filing of the Request for Examination [Patent Law 195(2)].
- If an International Search Report has been drafted by a Patent Office other than the Japan Patent Office, the Examination fee will be 124,000 + 3,600×@ JPY (@ is the number of claims) [Patent Law 195(2)].
Regarding the basic rules about Japanese Patent Practice, please see PATENT SYSTEM.