Japanese Patent Law

Question 1

Deadline for japanese national phase filing following PCT

Answer 1

30 months from priority date (file a petition for entry)

Question 2

Deadline for filing a Japanese translation

Answer 2

2 months after date on which petition for entry is filed

Question 3

Is there a duty of disclosure in Japan? Is a PoA required?

Answer 3

No and no

Question 4

Deadline to request examination in Japan and what is the fee

Answer 4

3 years from the international filing date, exam fee calculated based on number of claims, small entity fee reduction for small and medium sized companies depending on the technical area of the company

Or PPH

Question 5

When is the first office action received and deadline to respond

Answer 5

10 months after requesting examination, can request accelerated examination
Respond within 3 months (+3m extension) if international entity or 2 months (+2m extension) if domestic applicant

Question 6

Opposition period for Japan and reasons

Answer 6

6 months from the date of publication of grant
Lack of novelty
Lack of inventive step
Added matter
Not meeting description requirements including lack of support, clarity and enablement

Question 7

Deadline for filing divisional application

Answer 7

Before grant or after period for appeal following rejection (3 months from decision)

Question 8

Novelty requirements in Japan

Answer 8

Absolute novelty unless
1. An invention which was disclosed against the will of the right holder
Or
(ii) An invention which was disclosed resulting from an action of the right holder
Then must file within 12 months of disclosure and declare within 30 days of filing with evidence

Question 9

What is required when filing for a Japanese patent application?

Answer 9

A request, specification, claims, any drawings necessary, and the abstract
Filing fee

Question 10

What is not patentable in Japan?

Answer 10

any invention that is liable to injure public order, morality or public health
laws of nature
scientific discoveries
inventions not using the laws of nature (e.g. economic laws, mathematical methods etc.)
inventions contrary to a law of nature
arbitrary arrangements (e.g. rules for playing a game)
mental activities
personal skills
mere presentation of information
aesthetic effects
methods for medical treatment of the human body

Question 11

What is prior art in Japan

Answer 11

Any publication, use, working, public knowledge or anything made available to the public by publication or over telecommunication lines in Japan or any foreign country before the filing date