FAQ

FAQ on Japanese Patent Practice with K&P's Advice

A. When Entering Japanese National Phase through PCT or Directly Filing Application in Japan

A-1. Grace Period

• Q-A-1: Is there a grace period for disclosures prior to the filing date? If so, how long is the grace period in Japan?

A-2. First Filing Rules

• Q-A-2(1): If an invention is first made in Japan, is there a requirement that a patent application be filed first in Japan?
• Q-A-2(2): Is there a requirement that a patent application be filed first in Japan if an inventor is a resident/citizen of Japan?

B. Before or When Filing Request for Examination

B-1. Voluntary Amendment

• Q-B-1: When can a voluntary amendment be filed?

B-2. Fee for Request for Examination

• Q-B-2(1): How is the official fee for request for examination calculated?
• Q-B-2(2): Are multiple Dependent claims allowed in Japan? If so, are they counted as a single claim for the fee?

B-3. Expedited or Delayed Examination

• Q-B-3(1): Do any mechanisms exist in Japan to expedite patent examination, for example, patent prosecution highway? If so, what are the associated costs?
• Q-B-3(2): Do any mechanisms exist in Japan to delay patent examination prior to examination?

C. How to Address Office Actions

C-1. Lack of Unity of Invention

• Q-C-1: How should a lack of unity rejection be addressed in Japan?

C-2. Double Patenting

• Q-C-2: How should a double patenting be addressed in Japan?

C-3. Filing Appeal

• Q-C-3: What are the key considerations when filing an appeal against the decision of rejection by the Examiner?

C-4. Divisional Application

• Q-C-4: How should a divisional application be utilized in responding to office actions?

D. After Grant

D-1. Opposition

• Q-D-1: Does any mechanism exist in Japan for third parties to oppose a patent application or a patent, either before or after grant? If so, what is the outline thereof?

D-2. Patent Term Extension

• Q-D-2: Does any mechanism exist in Japan to extend the patent term? If so, what is the outline thereof?

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