Implementation of the Common Application Format

December 2008
Japan Patent Office

In order to implement the Common Application Format agreed among the Trilateral Offices in November 2007, amendments will be made to the Regulations under the Patent Act (Form No.29, Form No.31-6, Form No.51 and Form No.51-2), the Regulations under the Utility Model Act (Form No.3) and the Regulations under the Act on International Application under the Patent Corporation Treaty (Form No.8 and Form No.8-2) (hereafter mentioned as the Regulations under the Patent Act and so forth). Due to these Amendments there will be a change in the format of the description and the order of the documents such as the description and so forth (description, claims, abstract and drawings) . Such format will be accepted as of January 1, 2009.

In order to implement the Common Application Format agreed among the Trilateral Offices in November 2007, amendments will be made to the Regulations under the Patent Act and so forth, addition to the section titles in the description, changes in the name of the section titles, changes in the order of section titles and the changes in the filing order of the documents such as description and so forth will be made, and the implementation (start of acceptance) will take effect on January 1, 2009. Frequently asked questions on the implementation date of the Common Application Format, the availability of electronic filing software and acceptance of applications in the Common Application Format regarding domestic applications and PCT applications are stated below.

● Implementation date of the Common Application Format

Applications in the Common Application Format regarding domestic applications and PCT applications will start from January 1, 2009.

* However with PCT applications, electronic filing in the Common Application Format will be accepted after April 1, 2009.

● The availability of electronic filing software

(1) Domestic applications (including PCT applications entering into the national phase)

Electronic filing software compliant with the Common Application Format for domestic applications will be provided via the online application support website (Japanese Only) of The National Center for Industrial property Information and Training (INPIT).

For details please visit INPIT website on pages"Announcement on the release of PC application Software 3 ［Ver.03.60] (Japanese Only)" and"Announcement on the release of Internet Application Software［Ver.i1.60] (Japanese Only)".

Please note that as of January 2009, electronic filing software for domestic applications for both ISDN and Internet which is compliant with the Common Application Format will only be accepted. (Application by the old version software will no longer be accepted.)

Acceptance of domestic applications using electronic filing software in the Common Application Format will commence on January 1, 2009. Therefore if you are planning to apply between 26th and 31st December 2008 please install the new version software after January 1, 2009.

(2) PCT applications

Electronic filing software compliant with the Common Application Format for PCT applications ("Electronic PC filing software" for ISDN users and "PCT-SAFE software" for Internet users) will become available on March 27, 2009.

Please visit "Implementation of the PCT online application with the Common Application Format (Japanese Only)" for the latest on the availability of each software.

● Frequently asked questions

For frequently asked questions regarding the implementation of the Common Application Format(Electronic application, formality examination etc.) please click here.

● Filing format

Please see JPO website "Patents" or "Utility models" →ฺ "Frequently Asked Questions" →ฺ"What are the formats for patent applications? (Japanese Only)" or "What are the formats for Utility model applications? (Japanese Only)"

● How to prepare a description

Please see JPO website "Patents" or "Utility models" →ฺ "Frequently Asked Questions" →ฺ"How to prepare descriptions for patent applications" or "How to prepare descriptions for utility model applications".

● Amendment to the format of the Regulations

Please click here for the Amendment to the Regulations under the Patent Act(Old and new comparison list) (Japanese Only)＜PDF 253KB＞(The invitation for public comments has ended.)

*The contents of the new format will be confirmed in an Ordinance on Amendments to the Regulations under the Patent Act and so forth (promulgation expected to be on December 26).

● The Official Gazettes for applications accepted in the Common Application Format

Please click here for details on the Official Gazettes that comply with the Common Application Format (Japanese Only)

● The outline of the amendment of the format for description and so forth (for patent applications)

An example of a specification with paragraph numbers in the new format can be found on this page("Common Application Format")

(Note 1) The Citation list of Prior Art can be placed in any place of the description.

(Note 2) There are no changes in the format for the abstract. The changes concerning the section title "Representative Drawing" to be moved from within the abstract to the application, and the "Sequence Listing" to be moved to the end of the filing documents as a separate document that comprises a part of the description, is scheduled to be implemented in January 2012, which would then conclude the implementation of the Common Application Format.

[Last updated 7 September 2009]