PATENT FILING IN JAPAN
Patent Filing in Japan: Complete Step-by-Step Guide
Japan is one of the world’s most active patent markets, and the Japan Patent Office (JPO) receives a large number of applications every year. If you’re submitting a Japanese patent application as a resident, or you’re going for PCT national phase entry in Japan, getting the flow right can save you a lot of time, cost, and even legal headaches. This guide walks you through each step of patent filing in Japan, from the first idea all the way to a granted patent.
Steps and Timeline for Patent Filing in Japan
The table below maps each stage of the official JPO “Procedures for Obtaining a Patent Right” flowchart, from initial filing through to the Supreme Court:
| Step | Stage |
|---|---|
| 1 | Application |
| 2 | Formality Examination |
| 3 | Publication of Unexamined Application (Kokai) |
| 4 | Request for Examination |
| 5 | Deemed Withdrawal (no examination request filed) |
| 6 | Substantive Examination |
| 7 | Notification of Reasons for Refusal (Office Action) |
| 8 | Written Argument / Amendment |
| 9 | Decision to Grant a Patent |
| 10 | Decision of Refusal |
| 11 | Appeal against Decision of Refusal |
| 12 | Proceedings against Decision of Refusal (JPO Board of Appeals) |
| 13 | (Patent Fee Payment) Registration |
| 14 | Publication of Patent Gazette (Kokoku) |
| 15 | Opposition to Grant of Patent |
| 16 | Proceedings (Opposition) |
| 17 | Trial for Invalidation |
| 18 | Proceedings (Invalidation) |
| 19 | Intellectual Property High Court |
| 20 | Supreme Court |
Step-by-Step Explanation: Patent Filing in Japan
Step 1: Application
The process begins when the applicant files a patent application at the Japan Patent Office (JPO). The application must include a description of the invention, claims defining the scope of protection sought, drawings where applicable, and an abstract. The basic filing fee is ¥14,000 with an additional ¥4,000 per claim. For PCT applicants, national phase entry in Japan must be made within 30 months from the priority date, and a Japanese translation must be filed within a prescribed period.
Step 2: Formality Examination
Upon receipt of the application, the JPO conducts a formality examination to verify that all required documents are in order and that prescribed fees have been paid. This is an administrative check, not a substantive review. If deficiencies are found, the applicant is notified and given an opportunity to correct them within the specified period. Once the application passes the formality examination, it is accorded a filing date and an application number.
Step 3: Publication of Unexamined Application (Kokai)
Eighteen months after the filing date (or earliest priority date), the JPO publishes the application as a Kokai an unexamined application publication. This publication is mandatory and automatic under Article 64 of the Patent Act. Japan does not permit early or delayed publication at the applicant’s request. After Kokai publication, the application is publicly accessible on the JPO’s J-PlatPat database, establishing prior art for future applications and putting the market on notice.
Note: The Kokai publication occurs regardless of whether a Request for Examination is subsequently filed. If no examination request is filed within three years, the application will be deemed withdrawn (Step 5).
Step 4: Request for Examination
Substantive examination in Japan does not begin automatically. The applicant, or any third party, must separately file a Request for Examination within three years of the filing date under Article 48-3 of the Patent Act. The examination fee is ¥138,000 base plus ¥4,000 per claim for applications filed after April 1, 2019. Fee reductions are available for SMEs, universities, and individuals. Applicants may strategically delay the request to evaluate commercial potential before committing to prosecution costs.
Step 5: Deemed Withdrawal
If no Request for Examination is filed within the three-year period, the application is automatically deemed withdrawn under Article 48-3(4) of the Patent Act. Unlike abandonment in some jurisdictions, deemed withdrawal in Japan cannot be revived after the deadline passes. The applicant forfeits all rights and the invention enters the public domain. This is shown in the JPO flowchart as the terminal branch from the “No Request for Examination” path.
Step 6: Substantive Examination
Once the examination request is accepted, a JPO examiner conducts a thorough substantive examination to assess whether the invention satisfies the requirements of novelty, inventive step (non-obviousness), and industrial applicability under Articles 29 and 36 of the Patent Act. The examiner conducts a prior art search across Japanese and international patent databases and non-patent literature. The examination cycle may involve one or more rounds of Office Actions and responses before a final outcome is reached.
Step 7: Notification of Reasons for Refusal (Office Action)
If the examiner finds grounds for refusal such as lack of novelty, insufficient inventive step, or unclear claims the JPO issues a Notification of Reasons for Refusal. This is not a final rejection; it is a formal invitation to respond. The notification sets out each objection with its legal basis. The applicant has 3 months from the mailing date to respond (60 days for Japan residents), extendable up to a maximum of 6 months in total. The flowchart shows a loop: if the applicant responds at Step 8 and the examiner remains unsatisfied, a further Office Action may issue.
Step 8: Written Argument / Amendment
In response to the Office Action, the applicant may file a Written Argument contesting the examiner’s objections, an Amendment to the claims or description, or both. A carefully drafted response is critical at this stage — a well-argued reply can convert a rejection into a grant and can also shape the scope of the claims ultimately allowed. The examination then resumes. This cycle (Steps 7 and 8) may repeat before the examiner reaches a conclusion, as shown by the loop in the JPO flowchart.
Step 9: Decision to Grant a Patent
If the examiner is satisfied that all patentability requirements are met — either after the initial examination or after resolving objections through Written Argument or Amendment — the JPO issues a Decision to Grant a Patent. This decision triggers the payment of registration fees (Step 13). The examiner’s finding at this stage may also result from a successful appeal at Step 12.
Step 10: Decision of Refusal
If the examiner is not satisfied with the applicant’s response to the Office Action, the JPO issues a formal Decision of Refusal (Kyozetsu Sakketsu). Upon receiving this decision, the applicant has three options:
- File an Appeal against the Decision of Refusal (Step 11) within 3 months of the decision date.
- File a Divisional Application before the appeal deadline expires, splitting the claims into a separate application.
- Accept the decision and abandon the application.
Step 11: Appeal against Decision of Refusal
The applicant may appeal the Decision of Refusal to the JPO Board of Appeals by filing a formal Appeal (Shinpan) within 3 months of the decision. This is a separate proceeding from the original examination, conducted by a collegial body of appeal examiners. The applicant may submit additional written arguments and claim amendments as part of the appeal. The filing of the appeal suspends the effect of the Decision of Refusal while the proceedings are pending.
Step 12: Proceedings against Decision of Refusal (JPO Board of Appeals)
The appeal enters formal Proceedings before the JPO Board of Appeals. The Board independently reviews the application, the reasons for the original refusal, and the applicant’s submissions. After deliberation, the Board issues one of two decisions:
- Appeal Decision to Grant a Patent: The Board overturns the refusal. The application proceeds to Registration (Step 13).
- Appeal Decision of Refusal: The Board upholds the refusal. The applicant may further appeal to the Intellectual Property High Court (Step 19).
Step 13: (Patent Fee Payment) Registration
Upon a Decision to Grant a Patent (Step 9) or an Appeal Decision to Grant a Patent (Step 12), the applicant must pay the prescribed registration fee to give effect to the patent right. Under Article 66 of the Patent Act, payment of the first three years of annual maintenance fees at registration is required. Once the fee is paid, the patent right is formally recorded in the Patent Register, and the applicant is issued a patent certificate with the assigned patent number. The right is enforceable from the date of registration.
Step 14: Publication of Patent Gazette (Kokoku)
Following registration, the JPO publishes the granted patent in the Patent Gazette (Kokoku). This official publication confirms the enforceable patent right and makes the full text of the granted patent, including all allowed claims, publicly available. The Kokoku publication is distinct from the earlier Kokai publication (Step 3). The date of Kokoku publication is critical because it starts the six-month window within which any person may file an Opposition (Step 15). A granted Japanese patent is valid for 20 years from the filing date, subject to payment of annual maintenance fees.
Step 15: Opposition to Grant of Patent
Within six months of the Kokoku publication date, any person may file an Opposition to Grant of Patent with the JPO Commissioner under Article 113 of the Patent Act. This is a post-grant challenge available to any interested party. The opponent must submit written grounds supported by evidence. Common grounds include lack of novelty or inventive step based on newly identified prior art, and failure to meet description requirements. The patent holder is notified and given an opportunity to respond and to amend the claims in reply.
Step 16: Proceedings (Opposition)
The opposition is examined by a collegial body of three or five appeal examiners at the JPO. After reviewing the opposition grounds, the patent holder’s response, and any amended claims, the body issues one of two decisions:
- Decision to Revoke: The patent is revoked in whole or in part. Either party may appeal to the Intellectual Property High Court (Step 19).
- Decision to Maintain: The patent is upheld, with or without amendments. Either party may appeal to the Intellectual Property High Court (Step 19).
Step 17: Trial for Invalidation (Muko Shinpan)
At any time after a patent is registered, an interested party may file a Trial for Invalidation (Muko Shinpan) with the JPO under Article 123 of the Patent Act. Unlike the Opposition (which is only available within six months of Kokoku publication), the Trial for Invalidation is available throughout the entire life of the patent and is most commonly used in the context of infringement disputes. Grounds include lack of novelty, lack of inventive step, insufficient disclosure, and entitlement issues.
Step 18: Proceedings (Invalidation)
The Trial for Invalidation is conducted by a collegial body of three or five appeal examiners at the JPO Board of Appeals. Both the petitioner and the patent holder are parties and may submit evidence and arguments. After deliberation, the body issues one of two decisions:
- Trial Decision to Invalidate: The patent right is extinguished retroactively. Either party may appeal to the Intellectual Property High Court (Step 19).
- Trial Decision to Maintain: The patent is upheld. Either party may appeal to the Intellectual Property High Court (Step 19).
Step 19: Intellectual Property High Court
The Intellectual Property High Court (IP High Court), established in 2005, has exclusive jurisdiction over appeals from JPO Board of Appeals decisions. Appeals from an Appeal Decision of Refusal (Step 12), a Decision to Revoke or Maintain in Opposition proceedings (Step 16), and a Trial Decision in Invalidation proceedings (Step 18) all come before the IP High Court. The Court reviews the legal correctness of the Board’s decision and may affirm, reverse, or remand it. Either party may further appeal to the Supreme Court on a question of law.
Step 20: Supreme Court
Decisions of the Intellectual Property High Court may be further appealed to the Supreme Court of Japan on a point of law. The Supreme Court is the final appellate body in the Japanese patent system. It does not retry factual matters; its role is to resolve questions of legal interpretation and ensure uniform application of the law across all courts. A Supreme Court ruling on a patent matter is binding on all lower courts and the JPO.
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The total timeline from filing to grant typically ranges from 2 to 4 years. However, JPO offers accelerated examination programs (Super Accelerated Examination) that can reduce this to under a year in eligible cases.
A granted Japanese patent is valid for 20 years from the filing date, subject to payment of annual maintenance fees. The term is counted from the filing date, not the grant date. For pharmaceutical and agrochemical patents that require regulatory approval, an extension of up to 5 additional years may be available.
Yes. Foreign applicants can file a Japanese Patent Application directly at the JPO or through a PCT application. However, you must appoint a registered patent attorney or agent in Japan to handle prosecution before the JPO on your behalf.
Japan grants patents for inventions relating to products, processes, methods, and certain software-related inventions. Business methods without a technical character, mathematical methods, and discoveries as such are generally not patentable.
A complete patent filing in Japan from novelty search through grant typically costs between USD 3,000 and USD 5,000 in professional fees, plus official JPO fees. The exact amount depends on the complexity of the invention and the number of office actions received during examination.
While conducting a novelty search before filing is not a formal procedural requirement under Japanese patent law, novelty itself is an absolute requirement for a patent to be granted and registered. The JPO examiner will assess novelty, inventive step (non-obviousness), and industrial applicability during examination. If the invention lacks novelty meaning it is already disclosed in prior art the application will be rejected.
A pre-filing novelty search is therefore strongly recommended as a practical step. It helps you assess your chances of success before investing in drafting and filing, and the insights gained can be used to strengthen the claims in your application and reduce the risk of rejection during examination.
In summary: Novelty is a mandatory substantive requirement for patent registration in Japan. A pre-filing novelty search is optional as a procedural step but strongly advisable for any serious applicant.
