Apply For Patents : Japan Patent Office JPO

Organization : Japan Patent Office
Type of Facility : Apply For Patents
Country: Japan

Website : https://www.jpo.go.jp/

Apply For Patents :

In order to obtain a patent right, you must apply to the Japan Patent Office and go through examinations to determine whether the application fulfills all the necessary requirements.

Related : DPatent Office Trademarks Registration Japan JPO : www.statusin.org/8902.html

The JPO, which examines all applications from around the world, takes precautionary measures before ultimately granting any patent right. These involve exchange of documents with the applicant to determine which claims, if any, are entitled to be patented.

Application:
No matter how good an invention may be, a patent right naturally cannot be obtained unless it is applied for. An application requires that one fills out the forms prescribed in the relevant ordinances and submit them to the JPO.

Japan has adopted the first-to-file system, i.e. the principle that where two parties apply for a patent for the same invention, the first party to file will be granted the patent. Accordingly, it is advisable to file as soon as possible after the invention. It is also advisable not to make the invention public before filing a patent application.

Formality Examination:
An application document submitted to the JPO will be checked to see whether it fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in.

Publication of Unexamined Application:
The JPO will publish the content of an application in the Official Gazette after 18 months have elapsed from the date of filing.

Request for Examination:
Patent applications are not necessarily examined. An examination will be carried out only for the application for which the applicant or a third party has filed a request for examination and paid the examination fees.

Deemed Withdrawal (No Request for Examination):
Any application for which a request for examination has not been filed within a period of *three years from filing date will automatically be regarded as withdrawal and cannot be patented thereafter.

Submission of Observations from Third Parties:
The JPO accepts the submission of observations from third parties on account of the lack of novelty or inventive step, among others, with respect to pending patent applications in view of enhancing expeditiousness and appropriateness of patent examination (The third-party observation is based on Article 13 bis of the Implementing Regulations of the Patent Act).

In recent years, the number of third-party submissions has been around 7,000. Information regarding prior art contained in such observation is utilized in the examination procedure for notifications of reasons for refusal in approximately 73% cases (based on a survey on office actions in the month of December 2013).

The JPO started to accept information submission via the Internet in January 2009.

Third-party submission of observations containing useful information contributes to further expeditious and appropriate patent examination. The JPO aims to achieve the world’s fastest and highest quality patent examination with continued cooperation from the users of the patent system.

Contact Us:
Examination Standards Office
Administrative Affairs Division
Patent and Design Examination Department (Physics, Optics, Social Infrastructure and Design)
Japan Patent Office

Tel : +81-3-3581-1101(ex.3112)
Fax : +81-3-3597-7755
E-mail:PA2A12@jpo.go.jp