Is Japan Worth Entering as a PCT National Phase?
Introduction
When deciding where to enter the national phase of a PCT application, applicants often weigh factors like market size, IP enforcement strength, and prosecution cost. Japan—being the world’s third-largest economy with one of the most sophisticated IP systems—is frequently considered. But is it truly worth entering the Japanese national phase? This article offers a comprehensive analysis of why or why not Japan deserves your PCT filing.
Japan’s Market and Innovation Landscape
Japan is home to tech giants, pharmaceutical innovators, and a flourishing automotive industry. Many foreign companies seek patent protection in Japan to secure revenue-generating markets and deter local competitors. In 2023, over 20,000 PCT applications entered Japan, reflecting global confidence in the Japanese patent system.
Patent Examination Quality
The Japan Patent Office (JPO) is globally recognized for its examination efficiency, predictability, and quality. Applicants benefit from timely first actions (usually within 9–12 months from request for examination) and transparent procedures. The JPO also adheres closely to international norms, making it easier for multinational portfolios to stay harmonized.
Costs Compared to Other Countries
One concern is cost. Compared to China or Korea, Japan’s professional and translation fees may seem higher. However, firms like Origami International Patent Firm offer highly competitive rates that significantly reduce the overall burden. Visit our PCT Japan support page to view our transparent pricing model.
Enforceability of Japanese Patents
Japan is often regarded as one of the most patent-friendly jurisdictions for enforcement. Injunctions are available, courts are IP-savvy, and damages can be substantial. This makes Japan a top choice for companies looking to actively protect and monetize their inventions.
Key Considerations Before Entry
- Translation: Accurate Japanese translation is essential. Machine translation poses risks.
- Unity of Invention: The JPO strictly enforces unity—review your claim strategy pre-entry.
- 30-Month Deadline: Japanese entry is due 30 months from the priority date. Some grace is available under specific conditions.
- Local Agent Required: Foreign applicants must appoint a local representative.
When Might Japan NOT Be Worth It?
If your technology is not commercialized in Asia, or if Japan is not a strategic market, the cost-to-benefit ratio may not justify the entry. Niche inventions or early-stage startups with budget limits may prioritize other jurisdictions.
Origami’s Approach to Strategic Japan Filing
Our team provides not only filing support but also strategic insights on when and how to enter Japan effectively. With low-cost, high-value services and a strong bilingual team, we help you make the most out of your patent portfolio.
Need help deciding whether Japan is the right PCT destination for your invention?
Get a Free Assessment from OrigamiFAQs
Q1. What is the cost of entering Japan for PCT?
A1. Total costs vary but typically range from USD 1,500–3,000 including translation, filing, and official fees. Origami offers very competitive packages.
Q2. Is Japanese translation mandatory?
A2. Yes. A high-quality Japanese translation is crucial for enforceability and compliance.
Q3. How long do I have to enter Japan?
A3. You must enter by 30 months from the earliest priority date. Limited grace periods exist in some scenarios.
Q4. Can I withdraw or abandon entry after filing?
A4. Yes, but official fees are non-refundable. Strategic decision-making before entry is advised.
Contact Information
FYI: Competitive Fee Schedule
Compared to a typical Japanese patent firm, Origami International Patent Firm offers highly competitive and transparent pricing tailored to overseas applicants.
This means that applicants working with Origami can typically expect 50–70% total cost savings compared to conventional Japanese firms, without compromising on quality, responsiveness, or technical accuracy.
| Item For Patent Application | Typical Firm (Service Fee) | Origami Firm (Service Fee) |
|---|---|---|
|
PCT or Paris Extension into JP or Regular Filing in JP |
100,000 JPY |
All-inclusive price 43,000 JPY (about 300 USD) |
| Filing an amendment based on Art. 19 | 30,000 JPY | |
| Filing an amendment based on Art. 34 | 30,000 JPY | |
| Filing a voluntary amendment | 30,000 JPY | |
| Claiming priority to one or more prior applications | 10,000- JPY | |
| Filing a request for examination | 20,000 JPY |
15,000 JPY (about 100 USD) |
| PPH (excluding a request for examination) | 80,000 JPY |
60,000 JPY (about 400 USD) |
| Filing a priority certificate in the absense of DAS code (*1) | 20,000 JPY |
15,000 JPY (about 100 USD) |
| Translation of each procedural document (*2) | 40 JPY/EN Word | 30 JPY/EN Word |
| Response to an Office action (*3) | 200,000 or more JPY |
Workload A: 40,000 JPY (*4) Workload B: 80,000 JPY (*4) Workload C: 120,000 JPY (*4) Workload D: 160,000 JPY (*4) Workload E: 180,000- JPY (*4) |
| Filing a Divisional Application | 80,000 JPY |
60,000 JPY (about 400 USD) |
| Reporting a notice of allowance and paying the registration fee (1st to 3rd year in lump sum as registration fee) | 50,000 JPY |
28,000 JPY (about 180 USD) |
| Payment of annuity | 30,000 JPY |
15,000 JPY (about 100 USD) |
*1. Regarding "Filing a priority certificate in the absence of DAS code", the certificate and DAS code are issued by the Patent Office after a precedent application was filed. Furthermore, one of them is required only when you claim a priority based on the precedent application in Japan. In other words, they are not required if there is no precedent application.
*2. Regarding "Translation of each procedural document", we will charge a translation fee regarding specifications including a description, claims, abstract, and drawings which are needed to file with the JPO. Regarding an office action, we will charge the translation fee thereof if you request us to translate it from Japanese to English for studying it on your side. In other words, we do not charge when you prefer not to translate the office action.
*3. Response to an office action issued by the JPO, an amendment and argument are prepared for responding to it and for arguing that the concerned application should be registered. Please note that the office action is not necessarily issued, it is issued only when there is the reason for rejection regarding a registration of a Patent/Design/Trademark application, the reason being Novelty, Inventive Step, and the like. In other words, we do not charge when there is no office action or when you prefer not to respond to the issued office action.
*4. Regarding our service fee for responding to the office action, it is specified based on from "Workload A" to "Workload E". These workloads depend on degree of difficulty for overcoming the reason for rejection and/or the number of the reasons described therein.
The "Workload A" is, for example, a task of deleting a part of claims;
The "Workload B" is, for example, a task of preparing a comment for overcoming the office action;
The "Workload C" is, for example, a task of preparing and filing a response to the office action;
The "Workload D" is, for example, a task of preparing a comment for overcoming the office action and filing a response thereto; and
The "Workload E" is, for example, an additional or extra task in addition to the "Workload D".
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