The Step-by-step Guide for Patent

• Procedures for Obtaining a Patent Right

Table of Contents

• Filing
• Search/Dossier
• Examination
• Registration/Renew
• PCT International Application

Filing

Filing

If you do not have a permanent address or residence (office, if the applicant is a legal entity) in Japan, a legal representative (such as a patent attorney) with a permanent address or residence in Japan must be appointed as a “Patent Administrator” (Article 8, Patent Act). Except for a few exceptions, all procedures must be conducted through your Patent Administrator. The exceptions are filing the initial patent application and paying the annual patent fees for each year, starting with the fourth year, which must be paid by the end of the previous year. However, it is strongly recommended that you appoint a patent attorney as your representative because patent attorneys are extremely knowledgeable about patent laws and the necessary filing procedures to complete the process successfully. In addition, overseas residents cannot submit the documents directly to our Office by any means. The documents have to be submitted to our Office by a representative (e.g., patent attorney) in Japan.

• Patent Act (External link)
• Sample forms for applications

Fee

• Schedule of fees
• Patent annual fee payment for non-residents
  Overseas residents cannot make a payment of any fees directly to our Office by any means, including the payment by bank account transfer, credit card, or check etc. The payment has to be made by your representative (e.g., patent attorney) in Japan. Nonetheless, payment of the annual patent fee for each year, starting with the fourth year, which must be paid by the end of the previous year, may be paid by either patent revenue stamps or bank transfer directly from overseas residents
• FAQs for “How to apply for a patent, a utility model, design, trademark to the Japan Patent Office”

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Search/Dossier

• J-PlatPat（External Link）
  You can search patent information on the website of the Japan Platform for Patent Information (J-PlatPat) .The J-PlatPat provides a database of publications of patents, utility models, designs and trademarks. And you can also check the current legal status of each application through this service. Machine translated publications are available in the J-PlatPat database free of charge.
• FAQs for Searching for Patents, Utility Models, Designs, Trademarks

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Examination

• Examination Guidelines for Patent and Utility Model
  Summary of when and how laws in the Patent Act need to be applied to examination procedures
• Examination Handbook for Patent and Utility Model
  Summary of which practices and points to be considered for examination procedures, providing sample case examples and court precedents

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Registration/Renew

• Registration
• Patent annual fee payment for non-residents

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PCT International Application

JPO as RO/ISA/IPEA (international phase)

• Information on the international phase in Japan
• Choosing the JPO as ISA/IPEA
• Handbook for PCT International Search and Preliminary Examination in the Japan Patent Office
  Summary of the specific practices and procedures conducted by the JPO as ISA and IPEA.
• Schedule of PCT Fees at the JPO
• PCT Forms (WIPO site External Link)

JPO as a Designated Office (national phase)

• How to advance PCT international applications into the national phase in Japan
• The PCT Applicant’s Guide (WIPO site External Link)
  Information on the National Phase in Japan is available. See the section on JP.

As for filing to the JPO, please see Filing .

• FAQs for PCT

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[Last updated 23 March 2021]

Contact

General Affairs Division, Japan Patent Office FAX: +81-3-3593-2397 E-mail: PA0270@jpo.go.jp