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Japan Patent System

【Types of Patent】
  1. Invention Patent
  2. Utility Model Patent
  3. Design Patent
【Required Information】
  1. Applicant’s name, nationality and address
  2. Inventor’s name ,address and place of residence
  3. Priority country, date and application number
【Required Documents】
  1. Specification (including title) Claims, Drawings and Abstract
    (Abstract and Claims are separate documents from Specification in form.)
  2. Priority document
    Invention Patent – can be submitted within 16 months from the earliest priority date (non-extendable)

    Utility Model Patent – can be submitted within 16 months from the earliest priority date (non-extendable)
    Design Patent – can be submitted within 3 months from the filing date (non-extendable)

【Examination】
  1. Invention Patent – Request for examination (can be filed at the same time of filing or within 3 years from the filing date)
  2. Utility Model Patent –  Formality examination
  3. Design Patent – Automatic examination
【Examination Period】

Invention Patent – preliminary examination result (notice of rejection or granted) will be issued within about 1 year from the filing date
Utility Model Patent – if no insufficient in the formality part, registration will be issued within 6 months from the date of application (can be 2-3 months the earliest)
Design Patent – The preliminary examination result (notice of rejection or granted) will be issued within about 1 year from the application

【Publication Period】

Nil (The invention patent application will be laid open 18 months later)

【Opposition】

Within six months after the invention patent publication

【Invalidation】

After the issuance of the Letters Patent

【Patent Marking】

It is preferrable to indicate on the product or its package that the invention of the product or method has been patented

【Term of Patent】
  1. Invention Patent – Starting from the publication date, valid for 20 years from the filing date
  2. Utility Model Patent – Starting from the publication date, valid for 10 years from the filing date
  3. Design – Starting from the publication date, valid for 25 years from the filing date
【Annuity Payment】
  1. The 1st to 3rd annuities of an Invention patent must be paid in a lump sum within 30 days after the service date of notice of allowance
  2. The 1st to 3rd annuities of annuities of an Utility Model Patent must be paid in a lump sum at the time of filing the application
  3. The 1st annuity of an Design must be paid in a lump sum within 30 days after the service date of notice of allowance

Japan Patent
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