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JP
PCT Applicant’s Guide – National Phase – National Chapter – JP Page 1
JAPAN PATENT OFFICE
AS
DESIGNATED (OR ELECTED) OFFICE
CONTENTS
THE ENTRY INTO THE NATIONAL PHASE — SUMMARY
THE PROCEDURE IN THE NATIONAL PHASE
ANNEXES
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex JP.I
Form No. 53: Transmittal form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex JP.II
Form No. 52: Form under the Provisions of Section 184-4(4) of the Patent Law . . . . . . . . . . . Annex JP.III
Form No. 54: Submission of a translation (copy) of an amendment . . . . . . . . . . . . . . . . . . . . Annex JP.IV
Form No. 44: Request for examination of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex JP.V
Form No. 55: Request for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex JP.VI
Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex JP.VII
List of abbreviations:
Office: Japan Patent Office
PL: Patent Law of Japan
PR: Patent Regulations under the Patent Law of Japan
UML: Utility Model Law of Japan
Sec.: Section
(14 January 2010)
JP
PCT Applicant’s Guide – National Phase – National Chapter – JP Page 3
SUMMARY Designated SUMMARY
(or elected) Office
JP JAPAN PATENT OFFICE JP
Summary of requirements for entry into the national phase
Time limits applicable for entry into the Under PCT Article 22(1): 30 months from the priority date
national phase: Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application
required into: 1 Japanese
Required contents of the translation for Under PCT Article 22: Description, claims (if amended, as
entry into the national phase: originally filed or as amended, or both as originally filed and as
amended, at applicant’s option 2), any text matter of drawings,
abstract
Under PCT Article 39(1): Description, claims, any text matter of
drawings, abstract (if any of those parts has been amended, both as
originally filed and as amended by the annexes to the international
preliminary examination report2)
Is a copy of the international application
required? No 3
National fee: 4 Currency: Japanese yen (JPY)
For patent:
Filing fee:
— international applications for which
the time limit for entry into the national
phase expires on or after 1 June 2008, and
for which transmittal form (Form No. 53) is
submitted on or after 1 June 2008: JPY 15,000
— international applications for which
Form No. 53 is submitted on or before
31 May 2008, regardless of whether
the time limit for entry into the national
phase expires on or after 1 June 2008: JPY 16,000
— international applications for which the
time limit for entry into the national phase
expires on or before 31 May 2008: JPY 16,000
For utility model:
Filing fee: JPY 14,000
[Continued on next page]
______________
1
The time limit for submission of the Japanese translation of the international application is two months from the date of submission
of Form 53 (see PCT Applicant’s Guide, National Phase, Annex JP.II) or 30 months from the priority date (under PCT Article
22(1) or 39(1)(a)), whichever expires later.
2
Where no translation of amendments is filed, the amendments are considered not to have been made. However, amendments may
be made as specified in paragraph JP.10 of the JP national chapter.
3
Where the international application was filed in Japanese, a copy of any amendments under PCT Articles 19 and 34 may be
required, if the communication under Article 20 has not taken place within the time limit applicable under Article 22 or 39(1) or if
an express request for early processing was filed under Article 23(2).
4
If not already paid within the applicable time limit under PCT Article 22 or 39(1), the Office will invite the applicant to pay the
national fee within a time limit fixed in the invitation. Where the translation of the international application is submitted in paper
form, a special fee for conversion into electronic format is required.
(5 June 2008)
JP
Page 4 PCT Applicant’s Guide – National Phase – National Chapter – JP
SUMMARY Designated SUMMARY
(or elected) Office
JP JAPAN PATENT OFFICE JP
[Continued]
Exemptions, reductions or refunds of the None, but the fee for request for examination is reduced where an
national fee: international search report has been established
Special requirements of the Office When the applicant is a legal entity, indication of the name of an
(PCT Rule 51bis): officer representing that entity 5 (the indication of such a name is not
required where the legal entity is represented by a patent attorney)
Appointment of an agent if the applicant is not resident in Japan 6
Where the person, the name or the residence of the applicant is
changed during the international phase and the change has not been
reflected in the PCT pamphlet or in a Notification of the Recording
of a Change (Form PCT/IB/306), a statement indicating the change
(preferably on a special request form) and, in case of a change in the
person of the applicant, a document evidencing the change 7
Where a change (addition and/or deletion) in the person of the
inventor during the international phase has not been reflected in the
PCT pamphlet or in a Notification of the Recording of a Change
(Form PCT/IB/306), the correct indications relating to the inventor
(preferably on a special transmittal form (Form 53)), a statement
explaining the reasons for the change and a written oath of all
inventors7
Furnishing, where applicable, of a nucleotide and/or amino acid
sequence listing in electronic form
Who can act as agent? Any patent attorney, attorney-at-law or other person resident in
Japan, or firm registered to practice before the Office
Does the Office accept requests for
restoration of the right of priority
(PCT Rule 49ter.2)? No
______________
5
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
comply with the requirement within a time limit fixed in the invitation.
6
Must be appointed within three months after the expiration of the time limit applicable under PCT Article 22 or 39(1); there will be
no invitation.
7
Must be furnished within the time limit applicable under PCT Article 22 or 39(1); if not furnished, the Office will invite the
applicant to comply with the requirement within a time limit fixed in the invitation.
(5 June 2008)
JP
PCT Applicant’s Guide – National Phase – National Chapter – JP Page 5
THE PROCEDURE IN THE NATIONAL PHASE
PL Sec. 184-5 JP.01 FORMS AND PROCEDURES FOR ENTERING THE NATIONAL PHASE.
The Office has available a special transmittal form (Form No. 53) for entering the national phase
(see Annex JP.II). This form should preferably (but need not) be used when effecting the
payment of the national fee (see paragraph JP.04) and for the furnishing of the translation of the
international application into Japanese. The time limit for submission of the Japanese
translation of the international application is two months from the date of submission of
Form No. 53 (see Annex JP.II) or 30 months from the priority date (under PCT Article 22(1) or
39(1)(a)), whichever expires later. If amendments have been filed with the International Bureau
under PCT Article 19, Form No. 52 (see Annex JP.III) should preferably be used for the
furnishing of a translation of such amendments into Japanese, or where the international
application has been filed in Japanese, Form No. 54 (see annex JP.IV) should preferably be used
for the furnishing of a copy of such amendments (see paragraph JP.03). Any document required
for entry into the national phase may be submitted in paper form or online, in electronic format.
However, any document submitted in paper form will be converted by the Office into electronic
format and subjected to the payment of a special fee.
PL Sec. 184-4 JP.02 TRANSLATION (AMENDMENT). The translation into Japanese of the international
PL Sec. 184-12(2)
application can be amended within the scope of the matter disclosed in the translation (see
paragraph JP.10). However, for international applications filed on or after 1 July 1995, an
amendment to the matter disclosed in the international application but not contained in the
translation may be effected by submitting a written correction of the incorrect translation.
PL Sec. 184-7(1) JP.03 COPY OF AMENDMENTS UNDER PCT ARTICLE 19 FILED IN JAPANESE.
Where the international application was filed in Japanese and where amendments have been
filed under PCT Article 19 with the International Bureau, a copy of such amendments must be
furnished to the Office within the time limit applicable under PCT Article 22 or 39(1) if
exceptionally the applicant has not received Form PCT/IB/308 and the Office has not received a
copy of the amendments from the International Bureau under PCT Article 20.
JP.04 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in
the Summary and in this Chapter is outlined in Annex JP.I.
PCT Rule 90 JP.05 POWER OF ATTORNEY. An agent must be appointed by filing a power of
PL Sec. 8
PR Sec. 2(2) attorney. Where the power of attorney is in a language other than Japanese, a Japanese
translation is required. A model is given in Annex JP.VII (page 1 in English translation, page 2
in Japanese).
PL Sec. 48-2 JP.06 REQUEST FOR EXAMINATION. A patent will be granted only after examination
48-4
as to patentability which may be requested by the applicant or by a third party. The request for
examination must be made in Japanese on Form No. 44 which is given in Annex JP.V. The
request may be submitted in paper form; in addition, where an international application entered
the national phase on or after 1 January 2000, the request may also be submitted in electronic
online format. However, the one submitted in paper form will be converted by the Office into
electronic format and subjected to the payment of a special fee.
PL Sec. 48-3 JP.07 TIME LIMIT FOR REQUESTING EXAMINATION. Examination must be
184-17
requested within three years from the international filing date. Such request can only be made
once all requirements for entry into the national phase have been complied with. The request
for examination is considered by the Office as a request for early start of the national phase if it
is made before the expiration of the time limit applicable under PCT Article 22 or 39(1) (see
National Phase, Chapters 2 and 3).
(14 January 2010)
JP
Page 6 PCT Applicant’s Guide – National Phase – National Chapter – JP
PL Sec. 195(2) JP.08 FEE FOR REQUESTING EXAMINATION. The request for examination is only
effective if the fee for requesting examination has been paid. The amount of the fee is indicated
in Annex JP.I.
PL Sec. 107 JP.09 ANNUAL FEES. Annual fees for the first to the third year must all be paid at one
108
112 and the same time within 30 days after receipt of the decision to grant a patent. The annual fees
for the fourth and subsequent years must be paid before the expiration of the year preceding the
anniversary of the day of publication of the examined patent application. Payment can still be
made, together with a 100% surcharge for late payment, before the expiration of six months
from the anniversary of the publication date. The amounts of the annual fees are indicated in
Annex JP.I. Payment must be effected by filing Form No. 69 (for annual fees for the first to the
third year) or Form No. 70 (for subsequent years). These forms can be obtained from the Office.
PCT Art. 28 JP.10 AMENDMENT OF THE APPLICATION; TIME LIMITS. After furnishing the
PL Sec. 184-12(1)
17(2) special transmittal form (Form No. 53) for entering the national phase, effecting payment of the
17-2 national fee and furnishing the translation of the international application into Japanese, and
after expiration of the time limit (if the applicant makes a request for examination earlier than
the time limit, at the time of filing the request) applicable under PCT Article 22 or 39(1), prior
to the transmittal of the grant of a patent, amendments may be made to the description, claims or
drawings within the scope of the matter disclosed in the international application (description,
claims or drawings) as originally filed (or as translated into Japanese, see paragraph JP.02).
However, in response to the final notification of reasons for refusal, claims may be amended
only to the extent that reexamination is not necessary. The amendments may be made:
(i) within a time limit fixed in the first notification of reasons for refusal;
(ii) within a time limit fixed in the final notification of reasons for refusal;
(iii) where the applicant has filed an appeal against the decision that the application is
to be refused by an examiner, within 30 days from the filing date of the appeal.
PCT Art. 25 JP.11 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is
PCT Rule 51
PL Sec. 184-20 outlined in paragraphs 6.018 to 6.021 of the National Phase. The request to the Office should be
PR Sec. 38-7 filed with Form No. 55, given in Annex JP.VI. If, upon review under PCT Article 25, the Office
to 38-9 denies an error or omission on the part of the receiving Office or the International Bureau, an
administrative appeal against this denial may be lodged within 60 days from the receipt of the
denial. The Commissioner of the Office will then decide on the appeal.
PCT Art. 24(2) JP.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS. The Office does not
48(2)
excuse the failure to comply with a time limit, either during the international phase or during the
national phase. Non-observance of the time limit for the entry into the national phase will only
be excused in the cases expressly indicated in the Summary.
PCT Art. 4(3) JP.13 UTILITY MODEL. Subject to what is said in paragraph JP.15, if the applicant
43
PCT Rules 49bis.1(a) wishes to obtain a utility model instead of a patent in Japan, on the basis of an international
76.5 application, for international applications filed before 1 January 2004, this must have been
UML Sec. 48-5(1) indicated in the international application (in Box No. V of the request) when filed; for
international applications filed on or after 1 January 2004, since the request form no longer
provides for the furnishing of such an indication, the applicant, when performing the acts
referred to in PCT Article 22 or 39, shall so indicate to the Office.
PCT Art. 7(2)(ii) JP.14 Where, in the case referred to in paragraph JP.13, the international application does
PCT Rule 7.2
UML Sec. 48-7 not contain drawings, the applicant must furnish the drawing(s) within the time limit applicable
under PCT Article 22 or 39(1) (if the applicant makes a request for national processing earlier
than the time limit, at the time of filing the request). Where the applicant does not furnish the
drawing(s) within that time limit, the Office will invite him to furnish the drawing(s) within a
time limit fixed in the invitation. Where an international application for a patent is converted
into a utility model application (see paragraph JP.17), the drawing(s) must be submitted with the
request for conversion.
UML Sec. 14(2) JP.15 Utility models are registered without any substantive examination thereof in the
32
national phase.
(14 January 2010)
JP
PCT Applicant’s Guide – National Phase – National Chapter – JP Page 7
The other requirements for the national phase and the procedures thereafter are basically the
same as for patents except that the fees for utility models and registration fees from the first to
the third year must be paid instead of the fees for patents. If the applicant desires his utility
model to be registered earlier than the expiration of the time limit for entry into the national
phase, he may file an express request for an early commencement of the national procedures
under PCT Articles 23(2) and 40(2).
UML Sec. 48-8 JP.16 In addition to amendments under PCT Articles 19 and 34, amendments under
PCT Article 28 or 41 are allowed to an international application for a utility model. The
amendment in this case shall be made within the scope of the matter disclosed in the
international application (description, claims and drawings) as originally filed (or translated into
Japanese, see paragraph JP.02).
UML Sec. 10 JP.17 CONVERSION. An international application for a patent may be converted into a
48-11
utility model or a design application after the applicant has complied with the requirements for
entry into the national phase for a patent application as indicated in the Summary. The
conversion is subject to the payment of a fee for conversion indicated in Annex JP.I and may be
requested up to the occurrence of the first of the following events:
(i) the expiration of 30 days from the transmittal of the first decision of the Office that
the patent application is to be refused;
(ii) for international applications for a patent filed from 1 January 1994 to
31 March 2005, the expiration of five years and six months from the international filing date;
(iii) for international applications for a patent filed on or after 1 April 2005, the
expiration of nine years and six months from the international filing date.
PL Sec. 46 JP.18 An international application for a utility model may be converted into a patent or a
184-16
design application after the applicant has complied with the requirements for entry into the
national phase for a utility model application as indicated in the Summary. The conversion is
subject to the payment of a fee for conversion indicated in Annex JP.I and may be requested at
any time prior to the registration.
PR Sec. 38-13-2(2) JP.19 NUCLEOTIDE AND/OR AMINO ACID SEQUENCES. Where the international
27-5
application contains the disclosure of a nucleotide and/or amino acid sequence, a diskette
containing coded data of the sequence listing must be furnished together with:
i) a document which identifies the international application concerned and the
diskette furnished;
ii) a statement that the sequences recorded on the diskette are identical to those
disclosed in the specification of the application as originally filed; and
iii) a document which describes the recording format of the diskette.
However, where the diskette recording the coded data has already been furnished to the Office,
the applicant is not required to submit it again.
(14 January 2010)
JP
PCT Applicant’s Guide – National Phase – National Chapter – JP Annex JP.I, page 1
FEES
(Currency: Japanese yen)
Patents
National fee:
— international applications for which the time limit for entry into
the national phase expires on or after 1 June 2008, and for
which transmittal form (Form No. 53) is submitted on or after
1 June 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000
— international applications for which Form No. 53 is submitted
on or before 31 May 2008, regardless of whether the time limit
for entry into the national phase expires on or after 1 June 2008 . . . . 16,000
⎯ international applications for which the time limit for entry into
the national phase expires on or before 31 May 2008 . . . . . . . . . . . 16,000
National fee for request for review . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000
Fee for request for examination:
(a) where no international search report has been established:
— for international applications filed on or after 1 April 2004 . . . . . . . 168,600 plus 4,000 for each claim 1
— for international applications filed on or before 31 March 2004. . . . . 84,300 plus 2,000 per claim
(b) where the international search report has been established by the
Japan Patent Office:
— for international applications filed on or after 1 April 2004 . . . . . . . 101,200 plus 2,400 per claim
— for international applications filed on or before 31 March 2004. . . . . 16,900 plus 400 per claim
(c) where the international search report has been established by an
International Searching Authority other than the Japan Patent
Office:
— for international applications filed on or after 1 April 2004 . . . . . . . 151,700 plus 3,600 per claim
— for international applications filed on or before 31 March 2004. . . . . 67,400 plus 1,600 per claim
(d) where the search report has been established by a searching
organization which is designated under Japanese law:
— for international applications filed on or after 1 April 2004 . . . . . . . 134,900 plus 3,200 per claim
— for international applications filed on or before 31 March 2004. . . . . 50,600 plus 1,200 per claim
Fee for conversion of documents into electronic format . . . . . . . . . . . . . 1,200 plus 700 per sheet
Annual fees (per year): International International International
applications for which applications filed on or applications filed
an examination is after 1 January 1988, on or before
requested on or after and for which an 31 December 1987, and
1 April 2004 examination is for which an
requested on or before examination is requested
31 March 2004 on or after 1 April 2004
— for the 1st to the 3rd years . . . . . . 2,300 plus 11,400 plus 1,500 plus
200 per claim 1,000 per claim 1,000 per invention
— for the 4th to the 6th years. . . . . . . 7,100 plus 17,900 plus 4,800 plus
500 per claim 1,400 per claim 2,900 per invention
— for the 7th to the 9th years. . . . . . . 21,400 plus 35,800 plus 14,300 plus
1,700 per claim 2,800 per claim 8,800 per invention
— for the 10th to the 25th years . . . . . 61,600 plus 71,600 plus 47,500 plus
4,800 per claim 5,600 per claim 29,600 per invention
1
Hereinafter referred to as “per claim”.
(5 June 2008)
JP
Annex JP.I, page 2 PCT Applicant’s Guide – National Phase – National Chapter – JP
Fee for application for registration of extension of patent right 2 . . . . . . . . . 74,000
Fee for conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,000 of a utility model application
16,000 of a design application
Utility models
National fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,000
National fee for request for review . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,000
Fee for conversion of documents into electronic format . . . . . . . . . . . . . . 1,200 plus 700 per sheet
Fee for conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,000 of a patent application
16,000 of a design application
Fee for technical opinion
(a) where no international search report has been established . . . . . . . . . 42,000 plus 1,000 per claim
(b) where the international search report has been established by the
Japan Patent Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,400 plus 200 per claim
(c) where the international search report has been established by an
International Searching Authority other than the Japan Patent
Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33,600 plus 800 per claim
Annual fees (per year): International International International
applications filed on or applications filed from applications filed on or
before 1 January 1994 to after 1 April 2005
31 December 1993 31 March 2005
— for the 1st to the 3rd years . . . . . . . . 8,500 plus 7,600 plus 2,100 plus
800 per claim 700 per claim 100 per claim
— for the 4th to the 6th years . . . . . . . . 16,900 plus 15,100 plus 6,100 plus
1,600 per claim 1,400 per claim 300 per claim
— for the 7th to the 9th years . . . . . . . . 33,800 plus 18,100 plus
3,200 per claim 900 per claim
How can payment of fees be effected?
Payment of fees to the Office has to be effected in Japanese yen, by means of patent revenue stamps only. The
patent revenue stamps may be obtained from any Japanese Post Office. They must be affixed to the related form. For
the payment of fees in electronic procedures the advance payment system must be used, which is based on
preliminary deposits of certain amounts of money with patent revenue stamps at the deposit account of the Office
followed by subsequent advance payment notifications from the applicant. The advance payment system may also be
used for paper procedures.
2
The patent term, which is 20 years from the filing date, may be extended by up to five years where patent owners have been
unable to work their inventions for not less than two years due to the regulations under the laws (where the subject matter of the
inventions relates to human or animal drugs or to agricultural chemicals), provided that the application for registration of
extension of the term of the patent right is filed.
(5 June 2008)
JP
PCT Applicant’s Guide – Volume II – National Chapter – JP Annex JP.II
FORM No. 53 (Related to Rule 38-4 of PR)
【書類名】  国内書面
(【提出日】  平成  年  月  日)
【あて先】  特許庁長官        殿
【出願の表示】
【国際出願番号】
【出願の区分】
【発明者】
【住所又は居所】
【氏名】
【特許出願人】
【識別番号】
【住所又は居所】
【氏名又は名称】
(【国籍】)
【代理人】
【識別番号】
【住所又は居所】
【氏名又は名称】
(【手数料の表示】)
(【予納台帳番号】)
(【納付金額】)
【提出物件の目録】
【物件名】 (請求の範囲の翻訳文  1)
【物件名】 (明細書の翻訳文    1)
【物件名】 (図面の翻訳文     1)
【物件名】 (要約書の翻訳文    1)
(3 February 2005)
JP
Annex JP.III PCT Applicant’s Guide – Volume II – National Chapter – JP
FORM No. 52 (Related to Rule 38-2 of PR)
【書類名】  特許協力条約第19条補正の翻訳文提出書
(【提出日】  平成  年  月  日)
【あて先】  特許庁長官        殿
【出願の表示】
【国際出願番号】
【出願の区分】
【特許出願人】
【識別番号】
【住所又は居所】
【氏名又は名称】
【代理人】
【識別番号】
【住所又は居所】
【氏名又は名称】
【補正書の提出年月日】
【手続補正1】
【補正対象書類名】  特許請求の範囲
【補正対象項目名】  全文
【補正の方法】    変更
【補正の内容】
【提出物件の目録】
(3 February 2005)
JP
PCT Applicant’s Guide – Volume II – National Chapter – JP Annex JP.IV
FORM No. 54 (Related to Rule 38-6 of PR)
【書類名】  特許協力条約第34条補正の翻訳文提出書
(【提出日】  平成  年  月  日)
【あて先】  特許庁長官        殿
【出願の表示】
【国際出願番号】
【出願の区分】
【特許出願人】
【識別番号】
【住所又は居所】
【氏名又は名称】
【代理人】
【識別番号】
【住所又は居所】
【氏名又は名称】
【補正書の提出年月日】
【手続補正1】
【補正対象書類名】
【補正対象項目名】
【補正方法】
【補正の内容】
【その他】
(3 February 2005)
JP
Annex JP.V PCT Applicant’s Guide – Volume II – National Chapter – JP
FORM No. 44 (Related to Rule 31-2 of PR)
【書類名】  出願審査請求書
(【提出日】  平成  年  月  日)
【あて先】  特許庁長官        殿
【出願の表示】
【出願番号】


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