Contact Us for Intellectual Property Services Patent Process in Japan BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Rajni Mishra

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.  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

5.  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

6.  Deadline for entry – 30 months
 Special transmittal form (Form 53)
 Japanese translation to be submitted within 2 months of DoF

7.  Publication (Laying open of application) - 18 months from
date of filing/ priority date
 Earlier publication request – no fee

8.  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

9.  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))

10.  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

11. THANK YOU
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