When filing for Japan patents, you need to be aware. It’s especially important if you’re a foreign company or individual. It has a unique filing system, but with the following steps, you can succeed.
Read on and find out more.
You need to file a certified priority document within a year and four months after the first filing date. It’s especially important when you’re doing a priority-based application. But if your priority is from the European Patent Office application, you don’t need to file.
It’s due to the established electronic transfer system between the Japanese Patent Office and its European counterpart.
You need the power of attorney when your invention gets rejected or appealed. It’s also applicable if your patent gets granted, opposed, and responded. The good news is that the patent laws don’t require patent attorneys to file a patent application with a power of attorney.
The entirety of the JPO proceedings uses the Japanese language. But the initial patent application should be in English. In this situation, you’ll need to submit a Japanese translation within two months while paying the additional fee.
The JPO enables you to file your patent application electronically. They will charge an additional fee for data entry if you apply using paper documents. Electronic filing isn’t possible for PCT applications.
Japanese patent laws aren’t as strict when it comes to the specification form. You need to describe your invention clearly and completely. It should be clear enough that even people with ordinary skills can carry it out.
You have no limit when filing for claims. But you need to remember that claims after the first will require additional fees. It’s needed for both examination and maintenance.
You can claim domestic priority based on the Japanese patent application filed earlier. You can add the claims, embodiment, and drawing to the new application for patents. Take note, if the new application claims a domestic priority, it automatically abandons the first application.
You need to conduct a pre-filing review of the PCT application. This will help in reducing the preparation of the original patent application. It can enter the national stage using the original application, meaning it won’t include any amendment made using the PCT Article 19 or 34.
PCT application’s deadline for nationalizing is within 30 months from its priority date. It doesn’t matter whether it gets a preliminary examination request.
You can request an early patent application publication as long as you meet the conditions. This includes submitting a priority document and a Japanese-translated application you filed.
With these steps, you can file a Japan patent application. Don’t hesitate and start protecting your ideas today!
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