Rajni Mishra
 Japan Patent Act of 1959
 First to file rule
 Signatory to PCT and Paris convention
 Article 2(1) – “Invention“ means...
 Article 29 – Conditions for patentability:
- Novelty, Industrial applicability and inventive step
 Article 30 - Excepti...
 The following documents may be submitted in English:
description, claims, drawings and an abstract.
 The following must...
 Deadline for entry – 30 months
 Special transmittal form (Form 53)
 Japanese translation to be submitted within 2 mont...
 Publication (Laying open of application) - 18 months from
date of filing/ priority date
 Earlier publication request – ...
 Formality examination
 Substantive examination - Request for Examination filed
within three years of the filing date of...
 Registration of a patent - patent fees from first to third year
to be paid in a lump sum within 30 days from the date on...
 Submission of information by third parties
 Industrial Property Digital Library
- English machine-translations of publi...
THANK YOU
WeB: www.bananaip.com
Blog: www.bananaip.com/sinapse-blog
A Property of BananaIP
Patent Process in Japan
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Patent Process in Japan

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Patent Process in Japan

  1. 1. Rajni Mishra
  2. 2.  Japan Patent Act of 1959  First to file rule  Signatory to PCT and Paris convention  Article 2(1) – “Invention“ means the highly advanced creation of technical ideas utilizing the laws of nature  Article 32- Any invention that is liable to injure public order, morality or public health shall not be patented.
  3. 3.  Article 29 – Conditions for patentability: - Novelty, Industrial applicability and inventive step  Article 30 - Exception to lack of novelty of invention Grace period of 6 months for following cases: - Publication - Presentation at an academic group - Exhibition  Proof to be submitted within 30 days from DoF
  4. 4.  The following documents may be submitted in English: description, claims, drawings and an abstract.  The following must be in Japanese: the application form, the title of each of the documents, and the headings of each of the sections in those documents.  The Japanese translations of those English documents must be submitted within 14 months from the filing date or the priority date  Priority documents to be submitted within 16 months from the filing date or the priority date
  5. 5.  Deadline for entry – 30 months  Special transmittal form (Form 53)  Japanese translation to be submitted within 2 months of DoF
  6. 6.  Publication (Laying open of application) - 18 months from date of filing/ priority date  Earlier publication request – no fee
  7. 7.  Formality examination  Substantive examination - Request for Examination filed within three years of the filing date of the patent application or international filing date  Examiner provides opportunity to applicant to submit opinion on examiner refusal to grant  An appeal against the examiner’s decision of refusal can be filed within 3 months (4 months for overseas residents) of the date of transmittal of certified copy of decision
  8. 8.  Registration of a patent - patent fees from first to third year to be paid in a lump sum within 30 days from the date on which decision of patent grant has been transmitted  Invalidation – anytime after patent grant  Extension of the patent term by up to five years on request if the prescribed requirements are fulfilled (Article 67(2))
  9. 9.  Submission of information by third parties  Industrial Property Digital Library - English machine-translations of publications of patent applications and patents granted published in or after 1993 - English abstracts of published patent applications called “Patent Abstracts of Japan (PAJ)” published in or after 1976  Payment not accepted by any means from overseas residents Additional Information
  10. 10. THANK YOU WeB: www.bananaip.com Blog: www.bananaip.com/sinapse-blog A Property of BananaIP

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