PATENT FILING REQUIREMENTS
Requirements
• Descriptions, claims, abstract of the invention and formal drawings (if the descriptions contains the drawings) to be translated into Japanese language
• Certified copies of Priority Documents – within 16 months from priority [for Paris Convention]
• Full name, address and nationality of Applicant and Inventors
Time Limits
• 12 months from priority for Conventional Patent Application
• 30 months from earliest priority for PCT National Phase Application
| PROCEDURE | PATENT | UTILITY MODEL |
| Filing |
Paris Convention – 12 months from earliest priority PCT National Phase – 30 months from earliest priority |
Paris Convention – 12 months from earliest priority PCT National Phase – 30 months from earliest priority (to be confirmed) |
| Formality Examination | After filing within 3 months | After filing within 3 months |
| Publication | 18 months from filing | 18 months from filing |
| Substantive Examination |
For Paris Convention – 3 years from Japan filing date For National Phase – 3 years from PCT filing date |
Not required |
| Grant fee | To be paid within 30 days from Notice of Allowance with 1st-3rd annuity fee | Paid at filing with 1st to 3rd annuity |
| Annuity |
1st to 3rd year paid upon allowance with grant fee 4th annuity yearly after grant |
1st to 3rd year paid at filing 4th year onwards after grant |
| Protection period (subject to payment of annuity) | 20 years from filing | 10 years from filing |
TRADEMARKS FILLING REQUIREMENTS
Registrable Trade Mark
Application Particulars
- Logo/ Word/Label etc.
- Name, Address and Nationality of Applicant
- Status of Applicant i.e. Merchandisers / Manufacturers / Service Providers / Others
- List of goods and services (No Limitation on the number of specification of goods/services)
- For marks that contains non-English words, a certified transliteration & translation
Renewal
Renewable thereafter for successive period of 5/10 years. Renewal fees must be paid before the expiry date but not more than 6 months prior the expiry. Late renewals are available normally up to 6 months after expiry date with payment of late fees.
Extension of time for responding to Office Action
Allowed with Cost
Certified true copy of the Priority Documents.
Where Priority is claimed
Within 2 months
Publication Period
Around 10-12 months
Time frame for Registration
10 years
Registration Protection Period
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