Timeline of PCT to Japan National Phase Entry

Timeline of PCT to Japan National Phase Entry

This guide walks you through the full chronological process of entering the Japanese national phase from a PCT (Patent Cooperation Treaty) application. Japan adheres to strict procedural deadlines, and understanding each time-based step is critical for preserving your rights and maximizing your chances of obtaining a patent.

Stage 1: Priority Date (Month 0)

This marks the beginning of your international patent journey.

  • What it is: The filing date of your first application in your home country (e.g., US, EP, CN).
  • Why it matters: All future deadlines (PCT, national entry, etc.) are calculated from this date.

Stage 2: File PCT Application (Within 12 Months)

  • Deadline: Must be filed within 12 months of the priority date to claim priority.
  • Effect: Reserves your rights in 150+ PCT member states, including Japan.
  • Benefit: Defers local filings (including Japan) up to 30 months from the priority date.

Stage 3: PCT Publication & Search (By Month 18)

  • International Search Report (ISR): Usually issued around Month 16–17. Lists relevant prior art.
  • Written Opinion: Provides a preliminary assessment of patentability.
  • Publication: At Month 18, WIPO publishes your application (with any Article 19 amendments).

Stage 4: Optional Amendments Before National Entry

  • Article 19 Amendment: Optional claim amendment submitted to WIPO before publication (around Month 16–18).
  • Chapter II / Article 34 Amendment: If deeper examination is needed, file a Demand by Month 22 for a second opinion (IPRP Chapter II).

Stage 5: Entering the Japanese National Phase (By Month 30)

This is the most critical deadline in the timeline.

  • Deadline: National phase entry into Japan must be completed by 30 months from the priority date.
  • No standard extensions: Late entry is only possible through a petition for reinstatement under limited circumstances (unintentional delay).
  • Required at Entry:
    • National entry request (Form 53)
    • Japanese translation of the full specification (description, claims, abstract, drawings)
    • Power of Attorney is not required at the time of national entry if the initial appointed representative files the entry. A POA is, for example, required in the event of a change of representation thereafter.
    • Optional claim amendments to align with JPO practice
  • Translation flexibility: If national entry is filed on time, the Japanese translation can be submitted within 2 months from the filing date of entry.
  • Translation requirements: Translations must be filed by a qualified Japanese patent attorney under Article 8 of the Patent Act. The applicant cannot submit translations directly.

Stage 6: Request for Examination (By Month 36)

  • Deadline: Must be filed within 3 years from the international filing date (not the priority date).
  • Deferred option: Strategic deferral allows time for licensing, market validation, or budget planning before incurring examination fees.

Stage 7: JPO Examination & Office Actions

  • Examination begins: Once the request is filed, the JPO examines novelty, inventive step, and industrial applicability.
  • Office Actions: If objections arise, responses and amendments must be submitted within 60 days (extensions possible upon request).
  • Common practice: Amendments may be necessary to meet Japanese patentability standards.

Origami’s All-Inclusive Support

At Origami International Patent Firm, we help applicants navigate each step of this timeline efficiently and cost-effectively. Our services include:

  • Flat-fee national entry: JPY 43,000 (approx. USD 300), covering JPO filing, agent representation, and initial correspondence
  • Professional translation: JPY 30 per English word, performed by experienced patent translators and verified by Japanese patent attorneys
  • 48-hour turnaround: Rapid and clear communication by a bilingual team
  • Post-entry support: Claim amendments, divisional filings, Office Action responses, and strategy consulting

Compared to traditional firms charging USD 600–1,200 for filing alone, Origami provides up to 70% cost savings without compromising quality or compliance.

FAQs

Q1. Can I file in Japan after 30 months?
A1. Generally, no. However, a late entry may be accepted through a restoration petition if the delay was unintentional and the petition is filed within 2 months of discovering the failure to meet the deadline.

Q2. Must I translate the entire application into Japanese?
A2. Yes. The full specification (description, claims, abstract, and drawings) must be translated into Japanese and submitted by a patent attorney. If national entry is timely, translations may be submitted within 2 months thereafter.

Q3. When is the deadline to request examination?
A3. Within 3 years from the international filing date. Strategic deferral is available post-entry.

Q4. Can I change claims at the time of entry?
A4. Yes. Amendments under Article 19, Article 34, or to comply with Japanese practice can be submitted. This is often recommended to enhance patentability in Japan.

Contact Information

*We would appreciate it if you could set up the domain for @origamipatentfirm.com, regarding the above your email address. If not, our email might end up in the spam folder.

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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