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Japanese National Phase Entry Course

In the Japanese National Phase Entry Course,
we assist to file an international application (PCT application) in Japan

The procedures including filing a request for examination, answering Office Action, paying registration fees and so on.

Features of PCT National Phase Entry Course

We, the Tsubame Patent Attorney Firm, provide accurate and high quality Japanese translations for PCT applications, as well as strategic claims proposals based on the Office Action issued by the Japan Patent Office. In addition, we aim to acquire patent rights by holding an accurate grasp on the invention while answering the Office Action. Especially for handling the Final Rejection, we are actively utilizing the Appeal system and have successfully achieved a high authorization rate. These high-quality services will be provided to you at a low price.

Fees for Japanese National Phase Entry

  • ※Translation Fee English → Japanese USD 0.28 German or French → Japanese USD 0.4
  • ※Fees for Filing an Examination Request Attorney Fee: JPY 10,000 Official Fee: JPY 106,000 + JPY 3,600 per claim

Filing a Patent Application in Japan

1.30 month time limit
The deadline for entering the National Phase is 30 months from the earliest priority date.
2.The Japanese Translation
Although a foreign language application may be filed at the time of national phase entry, a Japanese translation is still required. The deadline to file a Japanese translation is 2 months after the date of national phase filing.
3.Substantive Examination deadline
The deadline for submitting a request for substantive examination for a patent application is 3 years from the date of international filing.
4.First-to-file system
Japan has adopted the first-to-file system, which means that if two parties apply to file a patent for the same invention, it is the first party that will be granted the patent. Therefore it's important to keep your idea secret until you file a patent.
5.Application requirements
To enter the National Phase, the following documents must be submitted to the Japanese Patent Office (JPO) with follwing document.
  • Japanese National Phase Entry Request (prepared by us)
  • Translated specifications, including claims, abstracts and figures
  • Translated amendments, if any
A Power of Attorney is NOT Required
6.What is a Substantive Examination?
A Substantive Examination is carried out by the JPO to decide whether a claimed invention should be patented or not. It will check whether the application fulfills the legal requirements and determine if there are any reasons for refusal.
7.When is a Substantive Examination carried out?
A Substantive Examination is only carried out by the JPO when requested by the applicant and involves an additional fee. If requested at the time of filing of the translation, we will waive the attorney fees.
8.How can I make sure the JPO will approve my patent?
The JPO will consider the following points:
  • Is it based on a technical idea that uses a law of nature?
  • Does the idea have any industrial application?
  • Did the idea exist before the current application was filed?
  • Could the invention have been easily developed by a person skilled in this field?
  • Was the applicant the first to file?
  • Will the invention contravene public order and morality?
  • Do the descriptions in the specification conform exactly to the requirements for patentability?
9.Can I appeal a refusal?
If the JPO determines after an examination that there are grounds for refusal, you will be notified.
You are entitled to submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or, alternatively, amend your patent to address the reasons for rejection.
9.If my patent application is successful
If no reasons for refusal are found, the JPO will grant the patent. When the patent fee has been paid, the invention will be added to the Patent Register and assigned a patent number. A certificate of patent will be sent to the applicant to acknowledge this formal registration.
The patent will be published in the Patent Gazette, which is an online resource for researching existing applications.
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