1. Introduction: Understanding Examiner Rejections in Japan After entering the Japanese national phase from a PCT application or filing a direct patent application in Japan, the Japan Patent Office (JPO) may issue an Office Action—an official communication from the examiner raising objections or rejections against the application. Understanding the structure, reasoning, and required response strategy is critical for securing patent rights efficiently. 2. Common Grounds for Rejection Japanese examiners issue rejections based on the Patent Act and associated Examination Guidelines. Common grounds include: Lack of Novelty (Article 29(1)): Identical inventions disclosed in prior art. Lack of Inventive Step (Article 29(2)): Obvious variations from known technologies. Insufficient Disclosure (Article 36(4)): Failure to clearly and completely describe the invention. Clarity or Support Issues (Article 36(6)): Ambiguity or inconsistency between claims and specification. Non-Patentable Subject Matter: Algorithms, medical procedures, or abstract ideas. 3. Structure and Content of a Japanese Office Action An Office Action ("Notification of Reasons for Rejection") typically includes: List of cited prior art documents (e.g., patent literature, journal articles) Legal basis of each rejection with article references Detailed reasoning by the examiner Instructions and deadlines for response Office Actions in Japan are highly structured and concise but can be technical and require nuanced responses aligned with local practice. 4. Response Options: Amendments vs. Arguments Applicants may: Amend Claims: Narrowing claims […]

1. Introduction Understanding the costs associated with filing a patent in Japan is essential for foreign applicants seeking protection in this economically significant and innovation-driven market. This article outlines official fees, professional service costs, and cost-saving strategies—helping you make informed decisions and optimize your budget. It also highlights how Origami International Patent Firm offers a cost-effective and streamlined approach to Japanese patent filings. 2. Filing Routes and Cost Implications There are three common routes to patent filing in Japan, each with different cost structures: Direct Filing: File directly with the JPO. Lower translation costs but requires early investment in Japanese preparation. Paris Convention Route: File within 12 months of the priority date. Costs are similar to direct filing but require swift action and accurate translation. PCT National Phase Entry: File within 30 months from the priority date. Offers more time for translation and strategy. Often preferred by foreign applicants. 3. Official Fees Payable to the Japan Patent Office (JPO) The following are standard fees required by the JPO: National Phase Entry: 14,000 JPY (approx. 100 USD) Request for Examination: 138,000 JPY + 4,000 JPY per claim(approx. 1,000 USD + 30 USD per claim) Annual Fees: 1st–3rd year: 4,300 JPY + 300 JPY per claim (annually) 4th–6th year: 10,300 JPY + 800 JPY per claim (annually) 7th–9th year: 24,800 JPY + […]

1. Introduction: What is a Power of Attorney (POA)? In the context of Japanese patent practice, a Power of Attorney (POA) is a legal document that authorizes a representative—typically a registered Japanese patent attorney (Benrishi)—to act on behalf of a foreign applicant in procedures before the Japan Patent Office (JPO). While Japan has a relatively relaxed approach compared to other jurisdictions, there are specific scenarios in which a POA is mandatory and others where it is optional or not required. 2. Legal Background under Japanese Patent Law Japanese patent law, particularly Article 8 of the Patent Act, governs the representation of non-resident applicants. According to this article: Article 8 (Patent Administrators for Overseas Residents) Unless otherwise provided for by Cabinet Order, a person not domiciled or resident in Japan (or, without a business office in Japan, if it is a corporation) may only undertake a procedure or file an action objecting to a disposition reached by an administrative agency pursuant to the provisions of this Act or an order that is based on this Act, through a representative domiciled or resident in Japan that acts as the person's agent in respect of the patent (hereinafter referred to as a "patent administrator"). This makes it essential for foreign applicants to designate a qualified Japanese patent attorney (Benrishi) to act on their […]

1. Why Representation is Required for Foreign Applicants For foreign applicants seeking patent protection in Japan, the appointment of a local representative is not merely a formality but a legal requirement and practical necessity. The Japanese patent system imposes specific constraints on overseas entities to ensure that communications and administrative actions can be effectively handled within Japan. According to Article 8 of the Japanese Patent Act, any individual or corporation that does not have a domicile, residence, or business office in Japan must act through a qualified representative, referred to as a "Patent Administrator," when interacting with the Japan Patent Office (JPO). This requirement is not limited to the act of filing alone. It extends to all subsequent procedures, including office actions, appeals, oppositions, and the payment of official fees. A failure to appoint a proper representative will result in procedural ineligibility, rendering the application void or abandoned by default. Additionally, having a Japanese representative facilitates smoother communication with JPO examiners, ensures compliance with formal requirements, and enhances the chances of successful prosecution through strategic amendments or local practice knowledge. For these reasons, choosing an experienced and responsive Japanese patent attorney is one of the most critical decisions a foreign applicant can make when entering the Japanese market. Not only does it ensure procedural legitimacy, but it also significantly impacts […]

Foreign applicants considering patent protection in Japan must understand a range of legal, procedural, and strategic considerations—from required representation to cost structures, enforcement strategies, and filing routes. This guide is designed to equip overseas inventors and companies with everything they need to know before engaging with the Japan Patent Office (JPO). It is prepared by Origami International Patent Firm, which specializes in cost-effective and reliable services for international applicants entering the Japanese IP system. 1. Available Filing Routes Foreign applicants can file patents in Japan through three primary routes. Each route has distinct procedural requirements, advantages, and ideal use cases: 1.1 PCT National Phase Entry The PCT (Patent Cooperation Treaty) route allows foreign applicants to file a single international application and later enter the national phase in Japan within 30 months of the priority date. This route is most common among non-resident entities already using the PCT system. Requirements: International application under the PCT must designate Japan. Deadline: 30 months from the priority date (extensions for translation submission possible under grace period provisions). Translation: Japanese translation of the PCT specification must be submitted (unless already filed in Japanese). 1.2 Paris Convention Route Applicants who have filed in a country party to the Paris Convention can claim priority and file directly in Japan within 12 months from the earliest priority date. […]

Are you considering filing a patent application in Japan, either through direct filing or via the PCT national phase route? This guide provides comprehensive, up-to-date insights into the procedures, costs, and requirements for foreign applicants who want to secure patent rights in Japan. Backed by the expertise of Origami International Patent Firm, we offer affordable, transparent, and streamlined support tailored for international clients. 1. Routes to Patent Protection in Japan Foreign applicants may file patents in Japan via the following routes: Direct filing: Filing directly with the Japan Patent Office (JPO). PCT National Phase Entry: Entering the Japanese national phase within 30 months of the priority date. This is one of the most common routes for foreign applicants. Paris Convention Route: Filing in Japan within 12 months from a priority application in a member country. This is suitable for applicants who have not used the PCT system but still wish to claim priority based on an earlier filing. Note: Under Article 8 of the Japanese Patent Act, non-residents ("overseas residents") must appoint a Japanese patent attorney or resident agent as their "Patent Administrator" to act on their behalf for any procedures or appeals before the JPO. This requirement ensures that all administrative and legal interactions with the JPO can be appropriately handled within Japan. The relevant law (Article 8) provides: […]

Entering the Japanese national phase from a PCT international application involves strict deadlines, legal formalities, and most importantly, consistent and effective communication with your Japanese patent attorney. For foreign applicants, navigating these complexities can be stressful—especially when operating in a different language, legal framework, and time zone. This article provides practical strategies for successful collaboration and explains how Origami International Patent Firm makes the process smooth, cost-effective, and globally accessible. Why Clear Communication Is Essential in the Japanese PCT National Phase Effective communication with your Japanese attorney is critical for a timely and compliant national phase entry. Japan Patent Office (JPO) procedures are highly formalized, and misunderstandings—even minor—can lead to delays, additional fees, or even forfeiture of rights. Issues such as missed deadlines, mistranslation of claims, or incomplete filings often stem from unclear communication. Furthermore, communication challenges can be amplified when applicants are unfamiliar with the legal terminology or procedural requirements specific to Japan. The role of your Japanese representative is not only to execute filings but also to interpret legal language, translate and localize your patent documents appropriately, and ensure that all actions are in line with JPO expectations. Working with Origami: Our Communication Framework Initial Contact: Once we receive your instruction, we promptly provide a formal quotation and workflow plan that outlines all major milestones, deadlines, and required […]

Missing the 30-month deadline to enter the Japanese national phase from a PCT application does not always mean your patent rights are lost. Japan offers a specific restoration mechanism that, under certain conditions, allows applicants to regain the opportunity to enter the national phase. This article explores the legal framework, process, costs, and strategic considerations associated with late entry into Japan. Standard Deadline for Entry The standard deadline to enter the Japanese national phase is 30 months from the priority date of your PCT application. Applicants must submit the necessary documents—including translations and appointment of a local representative—within this timeframe. Is Restoration Possible in Japan? Yes, Japan provides a restoration procedure under specific circumstances. If the national phase entry was missed unintentionally, you may still enter the Japanese phase within 1 year from the original deadline, provided the delay was resolved and action was taken within 2 months of that resolution. Requirements for Restoration File a request for restoration with the Japan Patent Office (JPO) Submit a statement explaining that the delay was unintentional Include a brief reason for the delay and the date you became aware of the missed deadline Pay the restoration fee of 212,100 JPY (approx. USD 1,500) Note: Restoration is only accepted if the JPO is convinced that the applicant's failure to act was not deliberate. […]

For startups and solo inventors seeking robust patent protection in Japan, cost is often a major consideration. Fortunately, there are efficient and affordable ways to enter the Japanese national phase from a PCT application without sacrificing compliance or quality. This article outlines the lowest-cost strategies and explains how Origami International Patent Firm offers industry-leading support at unbeatable rates. Why Consider Japan for Patent Protection? Japan is one of the largest economies in the world and a global hub for innovation. With strong enforcement mechanisms and a high standard of patent examination, securing IP rights in Japan provides a strategic advantage for international patent holders. Basic Procedure for Entering Japan National Phase Deadline: 30 months from the priority date Required Documents: National phase entry form, Japanese translation (if required), priority documents Attorney Requirement: A registered Japanese patent attorney must be appointed under Article 8 of the Japanese Patent Act Translation Window: Up to 2 months after entry if the international application was not originally filed in Japanese Cost Breakdown: Official Fees (JPO) National Phase Entry: 14,000 JPY (approx. USD 100) Examination Request: 138,000 JPY + 4,000 JPY × number of claims (approx. USD 1,000 + USD 30/claim) See Full Fee Table from JPO Common Charges at Traditional Japanese Firms National Phase Entry Fee: USD 600–1,200 Translation Fee: USD 0.3 per word […]

For global startups looking to expand their intellectual property portfolio, Japan represents one of the most attractive yet underutilized destinations for patent protection. With strong enforcement mechanisms, a robust innovation ecosystem, and a startup-friendly IP environment, entering the Japanese national phase from a PCT application can offer strategic value for emerging companies. Why Should Startups Consider Japan? Japan is the world's third-largest economy and home to some of the most technologically advanced industries—ranging from robotics and semiconductors to automotive and life sciences. Filing a patent in Japan not only safeguards your innovation in this lucrative market, but also signals credibility to investors and potential partners in Asia. Five Key Benefits for Startups Robust IP Enforcement: Japan has one of the most efficient and pro-enforcement judicial systems among industrialized nations, offering real protection for patent holders. Low Official Fees for SMEs: Japanese Patent Office (JPO) offers reduced fees for small and medium-sized enterprises (SMEs), helping startups manage costs effectively. Fast Track Options: Programs like the Super Accelerated Examination and PPH (Patent Prosecution Highway) allow startups to secure patent rights faster than in many other countries. Commercial Credibility: Having a Japanese patent boosts marketability and licensing opportunities, particularly with large Japanese corporations. Strategic Asian Gateway: Japan serves as a key entry point into the broader Asian IP landscape, including Korea, China, and […]