FAQs - Patent & Utility Model

Yes you need. Only persons and entities having residential or business addresses in Japan may apply directly (in person) to the JPO for patent, utility model, design, and trademark rights.

When selecting a patent attorney or patent firm in Japan, you may use the following service offered by Japan Patent Attorneys Association (JPAA).

Yes, you can. The Japan Patent Office (JPO) accepts a description of the invention, claims and relevant drawings, written in English.

Yes, you can. The Japan Patent Office accepts it. For current information on the patentability of software-related inventions in Japan, please visit the following site.

You can find those on the following web site.

You can find it on the following site.

[Remarks] In November 2007, the trilateral offices, i.e., the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO) agreed on the Common Application Format (CAF). For more information, see the following site.

• According to the Paris Convention, the right of priority of a patent that has been filed in a home country is assigned a 12-month period, in case filing a Paris Convention application at the countries that contracted the Paris Convention. Hence, you have to do filing a patent application within this period.
• Applicants have to prepare the following documents before filing a patent application:
  (1) a description of the invention,
  (2) a draft of patent claims,
  (3) relevant drawings or illustrations,
  (4) an abstract,
  (5) a document that includes the full name and address of inventor(s), the full name and address of applicant(s), the filing date of priority application and the application number of priority application,
  (6) the priority documents of the invension.
• Also, see the following JPO site.

• According to Patent Cooperation Treaty (PCT), it is required to do filing for the national phase of a PCT application within 30-months from the earliest priority date.
• Applicants have to prepare the following documents before filing:
  (1) a copy of the PCT description, claims and drawings,
  (2) a copy of the front page of WIPO Publication,
  (3) amendments under PCT Article 19(1) and/or PCT Article 34(2),
  (4) a copy of an International Preliminary Examination Report.
• Also, see the following JPO site.

You can search efficiently by using J-PlatPat. If you use it for the first time, please refer to the help page of J-PlatPat. We also recommend to read the Manual of J-PlatPat.

Yes, you can retrieve legal status information by using J-PlatPat. The legal status information can be retrieved by clicking a button denoted "Legal Status" appearing on the retrieval result screen displaying a patent document or PAJ.

For more information, see the following JPO site.

You have to submit a request for examination to the JPO within 3 years from the filing date. It should be noted that if the deadline was missed, the JPO would regard the application was withdrawn.

Yes, it is. For your convenience, please see the following site.

All required documents should be prepared in Japanese.

You can find those on the following web site.

Yes. When you have your PCT international application entered into the national phase in Japan, you may choose a utility model application.

You can search efficiently by using J-PlatPat. If you use it for the first time, please refer to the help page of J-PlatPat. We also recommend to read the Manual of J-PlatPat.

Yes. You can change your application and your right into a patent application. You, however, can’t change them under the following conditions;

• - 3 years have passed after you file a utility model application.
• - Applicant has requested a Report of Utility Model Technical Opinion.
• - 30 days have passed after applicant received a notice which a Report of Utility Model Technical Opinion was requested by third parties.
• - A submission period of the first written answer in the invalidation appeal has passed.

The utility model application and my utility model right are abandoned after you change them into a patent application.

Yes, you can, but only once. The amendment is limited to the following purposes;

• - To diminish the scope of the claim.
• - To correct incorrect descriptions.
• - To explain obscure descriptions.

A Report of Utility Model Technical Opinion is an assessment report of the JPO examiner. It describes the novelty and obviousness of the claim as well as a scope of prior search.

Anyone is allowed to request a Report of Utility Model Technical Opinion. Even if your utility model right has expired, you can request it.

If you find your utility model right is infringed, you should show pirate(s) a Report of Utility Model Technical Opinion prior to a lawsuit.