JAPAN Patent FlowChart - MM & A, P.C.

Flowchart for Patent Application in Japan

Your Firm		Our Firm		The Japan Patent Office

Cost Inquiry		Cost Estimate
		・We will provide estimation on fees for procedures from entering/filing to registration. ・In the case of entering into the national phase in Japan for a PCT application, we can provide estimation on fees if you let us know only your international application number.


Providing the patent Documents for Entering/Filing	→	Procedure to Enter/File an Application	→	Acceptance of Application
・In the case of entering into the national phase in Japan for a PCT application, if you let us know your international application number, we will take the necessary documents /information from the Web site of WIPO.		・At first we enter/file the application, then we will prepare and file the Japanese translation within 2 months from the date of entering the Application (PCT) or within 16 months from the priority date (Paris Convention).		・An application number will be issued. ・The submitted documents are checked to see whether or not they fulfill formality requirements.

				Publication of Unexamined Application
				・Ａ publication will be published after 18 months from the date of filing of the application.

Instruction to pay the fee for a Request for Examination	→	Procedure to pay the fee for a Request for Examination	→	Acceptance of a Request for Examination
・A Request for Examination must be filed within 3 years from the filing date of the application. ・In PCT case, the due date for filing a Request for Examination is 3 years from the International filing date.				・The examiner will start to conduct the substantive examination of the patent application.

				Substantive Examination
				・The examiner will examine whether the application satisfies all the requirements for registration. ・Examination results (Decision to Grant a Patent or Notice of Reasons for Refusal) will be notified around 9-14 months after the filing a Request for Examination.

(If Reasons for Refusal is notified)

Reviewing Response to Notice of Reasons for Refusal (Office Action)	←	Proposal regarding Response to Notice of Reasons for Refusal (Office Action)	←	Notice of Reasons for Refusal (Office Action)
・Response to the Office Action must be submitted within 3 months from the date of dispatch of Notice of Reasons for Refusal. ・3 months extension of time for response can be requested.		・We will comment on the reasons for refusal and propose on how to respond to the notice, such as objecting by filing an argument/an amendment.		・When the application does not satisfy the requirements for Patent registration, Notice of Reasons for Refusal will be notified.

Reviewing Written Arguments /Amendments	⇔	Written Arguments /Amendments
		・We will provide necessary explanation regarding the content of the response.

		Filing the Response	→	Acceptance of the Submission /Substantive Examination
		・We will prepare an argument/an amendment in Japanese and file the response to the Office Action.		・The examiner will conduct another substantive examination to consider whether the response is sufficient to overcome the reasons for refusal or not. ・If the examiner finds any reasons for refusal, Notice of Reasons for Refusal may be issued two to three times. ・If the examiner finds no reasons for refusal in the application, Decision to Grant a Patent will be issued.

Reviewing Decision of Refusal	←	Proposal regarding Response to Decision of Refusal	←	Decision of Refusal
・When dissatisfaction is in the Decision of Refusal of the examiner, the applicant can file an Appeal against the examiner’s decision.		・We will comment on the Decision of Refusal.		・If the examiner judges that the reasons for refusal have not been eliminated, Decision of Refusal will be issued.

Reviewing Documents for Appeal against Decision of Refusal	⇔	Filing Appeal against Decision of Refusal	→	Appeal against Decision of Refusal
・In order to appeal against Decision of Refusal, the applicant should file an amendment (and an appeal brief) within 4 months from the dispatch date of the Decision of Refusal.		・If you wish to file an appeal, we will prepare an appeal brief and an amendment in Japanese and file an Appeal against Decision of Refusal with the JPO.		・When it is judged as a result of appeal examination that the reasons for refusal are solved, Decision to Grant a Patent will be issued. ・In the case the Appeal Decision of Refusal is maintained, the applicant may appeal to the Intellectual Property High Court.

(After Decision to Grant a Patent is issued)

Receiving report of Decision to Grant a Patent	←	Reporting Decision to Grant a Patent	←	Decision to Grant a Patent
・The applicant should pay the patent fees for the 1st to the 3rd years in a lump sum as the registration fee, within 30 days from the dispatch date of Decision to Grant a Patent.		・We will inform you when we receive Decision to Grant a Patent from the JPO.		・If the application satisfies the requirements for Patent registration, Decision to Grant a Patent will be issued. (Usually, the Decision is made after approximately 14 months from the filing a Request for Examination)

Instruction to pay the registration fee	→	Paying the registration fee	→	Registration


Receiving Certificate of Patent	←	Reporting Patent Registration	←	Issuance of Certificate of Patent
・The patent rights are effective for 20 years counted from the filing date in Japan (in PCT case, counted from the international filing date).				・Certificate of Patent will be issued with the Registration Number and Date of Registration after 1 month from the payment of the registration fee.

				Publication of Patent Gazette
				・A Patent gazette on which the details of patent rights are described will be published to widely announce that the Patent rights has been established.


Annual patent fee	⇔	Notifying and Payment of Annual patent fee	→	Receipt of Annual patent fee
・Registrant should pay annual patent fees for each year to the expiration of the duration.		・We will notify you each year when the payment time for annual patent fee is approaching.

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