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There are two primary methods for filing a Japanese patent application.

1. Direct Filing (including the Paris Convention Route)
2. National Phase Entry (PCT Route)

1. Name and address of the applicant for the patent (for corporations, the location of the head office)
2. Name and address of the inventor(s)
3. (If required) Power of attorney (may be submitted later)
4. (If required) Exception to loss of novelty

Additional requirements are as follows:

1. Priority information (country, filing date, application number)
2. Priority document (must be submitted within 16 months from the earliest priority claim date) or a DAS code
   *Requires a patent application claiming priority under the Paris Convention priority within one year of the priority date. If not submitted within the period, the priority claim becomes invalid, and the application date will be the actual application date in Japan.

＊There is also a system for foreign language written applications where the specification, claims, necessary drawings, and abstract can be submitted in English or other foreign languages.

National phase application must be filed within 30 months from the priority date.

1. International application number or international publication number of PCT application
2. Bibliographic information and amendments if Article 19 or Article 34 amendments were made during the international phase
3. (If required) Request for exception of loss of novelty
   (Power of Attorney: may be filed later)

In the case of non-publication;

1. The name and the address of the applicant for the patent (for corporations, the location of the head office)
2. The name and the address of the inventor(s)
3. Specification (title of the invention, brief description of the drawings, detailed description of the invention)
4. Claims, necessary drawings (Clear copies acceptable), and abstract

A special period for submitting translations exists under certain conditions

The Japanese translation of a foreign language written applications must be submitted within 16 months from the earliest priority date or filing date. However, if a divisional or conversion application is filed based on a foreign language written application, the translation may be submitted within two months from the new filing date.

Translations during National Phase application must be submitted within the National Phase application filing period (within 30 months from the priority date). However, if the National Phase application is filed between the second month prior to the expiration of the National Phase application filing period and the expiration date, the translation may be submitted within two months from the date of filing the National Phase application.

Upon filing, the JPO assigns an application number and conducts a formality examination. If any formal deficiencies are found, the JPO will issue an “Invitation to Correct” (Order for Amendment), and the applicant must rectify the defects within a specified time limit.

A patent application is published in the Official Gazette after 18 months have passed from the earliest priority date. The applicant may also request early publication of the application.
* For PCT applications, the domestic publication is issued promptly after the Japanese translation is submitted and the national processing has commenced.

Substantive examination is initiated only upon the filing of a Request for Examination. Currently, the first office action is issued, on average, 10 months after the request is filed.
Applicants must file the request within three years from the actual filing date (or the international filing date for PCT applications). If no request is filed within this period, the application will be deemed withdrawn.

Substantive examinations are conducted in accordance with the Examination Guidelines for Patent. The main requirements for patentability subject to examination are as follows.

If the examiner finds reasons for refusal, a Notice of Reasons for Refusal (Office Action) will be sent to the applicant. If the applicant receives the notification, written argument and/or amendments must be submitted within the designated time limit (3 months for foreign applicants). This period can be extended by up to 3 additional months upon filing a request and paying the required fees.

If the examination finds no reasons for refusal, or if the reasons for refusal were resolved by written argument and/or amendments, a Decision of Patent Grant will be made. In order to have the patent registered, the required registration fees (the first to third years) must be paid within 30 days from the date of receipt of the Allowance Notice from JPO. Certificate of Patent will be issued accordingly.
A divisional application may be filed within 30 days from the date of receipt of the Allowance Notice and before payment is made.

If the reasons for refusal were not eliminated, a Decision of Rejection will be made.
When a Decision of Rejection is issued, you may take the following measures:

To maintain the patent right, the patent fee (annuity fee) must be paid every year.
If the payment due date is missed, the right can still be maintained during a six-month grace period by paying twice the normal amount.
If the grace period expires without payment, the right will lapse.

The patent term is 25 years from the filing date.

1. Name and address of the applicant (for corporations, the location of the head office)
2. Name and address of the inventor
3. Specification (title of the invention, brief description of the drawings, detailed description of the invention)
4. Claims for utility model registration, drawings (clear copies acceptable), and abstract
5. (If required) Power of attorney (may be submitted later)
6. (If required) Exception to loss of novelty

Additional requirements are as follows:

1. Priority information (country, filing date, application number)
2. Priority Document (must be submitted within 16 months from the earliest priority claim date) or DAS code
   *Requires a patent application claiming Paris Convention priority filed within one year of the priority date.
   If not submitted within the period, the priority claim becomes invalid, and the application date will be the actual application date in Japan.

Similar to patents, National phase application is possible based on an international application under the Patent Cooperation Treaty (PCT).

＊Payment of 1 to 3 years’ worth of annual fees is required at the time of filing.
＊Drawings are mandatory. Methods are not included in the scope of protection.
＊Instead of substantive examination for utility model registration, a request for a utility model technical evaluation can be made. However, opportunities for correction after utility model registration are limited, so this must be done carefully.

A patent application may be converted to a utility model application or a design application.

The term of the utility model right is 25 years from the filing date.

There are three primary methods for filing a Japanese Trademark application:

1. Direct Filing (including the Paris Convention Route): Filing directly with the Japan Patent Office.
2. International Registration under the Madrid System (MadPro): Designating Japan through an international application based on a home application or registration.
3. Subsequent Designation under the Madrid System (MadPro): Adding Japan to an existing international registration.

1. Name and address of the applicant for the Trademark registration (for corporations, the head office address)
2. Trademark Representation: A clear image of the trademark.
3. Designated Goods and Services: Classified according to the International Classification (Nice Classification).
4. Power of attorney, if necessary (may be submitted later)

Additional requirements are as follows:

1. Priority information (country, filing date, application number)
   *This information must be stated in the application at the time of filing in Japan.
2. Priority document (must be submitted within 3 months from the earliest priority claim date)
   *Unlike patents or utility models, a trademark application claiming priority under the Paris Convention must be filed within six months from the priority date. If not filed within the period, the priority claim will be invalid, and the Japanese filing date will be treated as the actual filing date in Japan.
   *Priority Information: Similar to designs if claiming priority under the Paris Convention.

The JPO assigns an application number and checks formal requirements.
Under Japan’s trademark system, the following types of trademarks can be protected.

• Word Marks
• Design Marks
• Symbol Marks
• Three-Dimensional Marks
• Motion trademarks
• Hologram trademarks
• Trademarks consisting solely of color
• Sound trademarks
• Position trademarks

If a trademark is well-known, it is possible to file an application designating dissimilar goods or services as a defensive trademark.

The content of an application will be published in the Official Gazette by the JPO after filing.

All trademark applications are subject to substantive examination without a request for examination.
This is determined based on factors such as whether the mark has distinctiveness or qualifies as a non-registrable trademark. (For specifics, refer to Articles 3 and 4 of the Trademark Act.)
Where an application fails to meet the substantive requirements, a notification of reasons for refusal will be issued.
Office Action: The response period for foreign applicants is 3 months, extendable by up to 3 additional months.

If it is ultimately judged that there are no reasons for refusal, a decision to register a trademark will be issued.
In order to have the trademark registered, the required registration fees must be paid within 30 days from the date of receipt of the Allowance Notice from JPO. Certificate of Patent will be issued accordingly. However, there are no provisions regarding the reduction, exemption, or deferral of registration fees, as is the case with patents and utility model registrations.
Registration fees can be paid in two 5-year installments instead of a full 10-year lump sum (this option is not available for protective trademarks).
At the time of payment of the registration fee, the applicant may file an amendment to reduce the number of classes of goods or services covered by the trademark application.

If a written argument and an amendment can not eliminate the reasons for refusal, and if the examiner judges that the trademark can not be registered, a decision of refusal will be made.
When a Decision of Rejection is issued, you may take the following measures:

Renewal fees can be paid in two 5-year installments instead of a full 10-year lump sum (this option is not available for protective trademarks).
No proof of use is required at the time of renewal.
If the payment due date is missed, the right can still be maintained by paying twice the normal fee within a six-month grace period. If unpaid after the grace period, the right lapses.

10 years from the date of registration, renewable every 10 years.

A registered trademark is subject to a Non-Use Cancellation Trial if it has not been used in Japan for three consecutive years.

There are two primary methods for filing a Japanese design application:

1. Direct Filing (including the Paris Convention Route): Filing directly with the Japan Patent Office.
2. International Registration under the Hague System: Designating Japan in an international application filed with WIPO International Bureau.

1. Name and address of the applicant for the design registration (for corporations, the head office address)
2. Name and address of the creator(s)
3. Drawing: Clear drawings, photographs, model or specimen representing the design
4. Name of the item (including partial design) or use of the building/image
5. Item Description
6. (If required) Power of attorney (may be submitted later)
7. (If required) Exception to loss of novelty (must be declared in the application at the time of filing, and supporting evidence must be submitted within 30 days of the filing date)
   * For supporting evidence, only documentation for the earliest disclosure is necessary.

Additional requirements are as follows:

1. Priority information (country, filing date, application number)
   *This information must be stated in the application at the time of filing in Japan.
2. Priority document (must be submitted within 3 months from the earliest priority claim date) or a DAS code
   * Unlike patents, it’s not within 1 year and 4 months from the priority date.
   * Unlike patents or utility models, a design application claiming priority under the Paris Convention must be filed within six months from the priority date. If not filed within the period, the priority claim will be invalid, and the Japanese filing date will be treated as the actual filing date in Japan

An applicant can register designs that are similar to their own previously filed or registered design (Principal Design). An international design application can be designated as a principal design.

An applicant may request that the design be kept confidential for a period of up to 3 years from the date of registration.
However, a request for secret design may only be made at the time of filing the design registration application or upon payment of the first year’s registration fee. You will need to pay a separate fee, not an additional fee on top of the application or registration fee. It is not possible to request secret designation for international design applications.

All design applications are subject to substantive examination without a request for examination.
The main requirements for registration are as follows:

If the examiner finds reasons for refusal, a Notice of Reasons for Refusal (Office Action) will be issued.
For foreign applicants, the time limit for responding to a Notice of Reasons for Refusal is three months. A two-month extension can be granted only once.

If the examination finds no reasons for refusal, or if the reasons for refusal are overcome by written argument and/or amendments, the JPO will issue a Decision of Registration. In order to have the design registered, the required registration fees (the first year) must be paid within 30 days from the date of receipt of the Decision of Registration. A certificate of Design Registration will be issued accordingly. However, there are no provisions regarding the reduction, exemption, or deferral of registration fees, as is the case with patents and utility model registrations.

If the reasons for refusal are not overcome, a Decision of Rejection will be issued.
When a Decision of Rejection is issued, you may take the following measures:

To maintain the Design right, the design fee (annuity fee) must be paid every year. If the payment due date is missed, the right can still be maintained by paying twice the normal fee within a six-month grace period. If unpaid after the grace period, the right lapses.

A design right expires 25* years from the filing date**. In the case of a Related Design, the design right expires 25 years from the filing date of its Principal Design application.
* For applications filed on or before March 31, 2020, the term of the design right is 20 years from the registration date.
* * For international design applications: counted from the date of international registration.

An international design registration application must be filed with WIPO within one year of the publication resulting from the applicant’s own disclosure. If the application filed with WIPO does not include a request for the exception to loss of novelty, the applicant may, within 30 days of the date of publication of the international registration in Japan, submit to the Japan Patent Office a written request for the exception to loss of novelty, along with documentation proving the fact of publication.

For international design registrations, the design right is registered without payment of a registration fee.