How to obtain a patent in Japan?

Differences between the patent systems in Japan and the U.S.

The patent systems in Japan and the U.S. differ in many respects. We recommend that you consult with a Japanese patent attorney regarding the details.

To mention just one point, in Japan, the first person to file an application can obtain a patent (first-to-file system), whereas in the U.S., the first person to invent a patent can obtain a patent (first-inventor-to-file system).

The important point here is that in Japan, if a patent is first applied for by someone who invents after you, you will not be able to obtain a patent.

Frequently asked questions about the Japanese patent system

We are often asked about the cost of obtaining a patent and how long it takes to get an examination result. The total cost to obtain a patent is about 1,000,000 Japanese yen (approximately US$7,500 as of March 2023).

The time until the examination result is issued is about one year after the examination is initiated. However, if you apply for accelerated examination, you will receive the examination result in about three months.

The examination result here refers to either an examination result that grants registration (registration decision) or an examination result that does not grant registration (notice of reasons for refusal).

Examination does not take place automatically after an application is filed; it is necessary to request the Japanese Patent Office to initiate examination.

How do I check a Japanese patent?

You can look it up at the following website of the Japanese Patent Office. You can also choose to look it up in English.
https://www.j-platpat.inpit.go.jp/

You can also look it up at the following website of WIPO. However, WIPO only allows you to search for patents that have been applied for in other foreign countries, including Japan.
https://ipportal.wipo.int/

How long does it take to get a patent in Japan?

If there is no problem with the content of the patent, as explained earlier, the time for obtaining a patent is approximately one year from the start of examination.

On the other hand, if an examination result (Notice of Reason for Refusal) is issued denying registration, it will take from one and a half to two years from the start of examination. If you dispute the grant or denial of registration with the Patent Office, it may take even longer.

How long is a patent good for in Japan?

Patents in Japan are valid for 20 years from the patent application date. It is important to note that it is not 20 years from the date of registration. Therefore, the longer you dispute with the Japanese Patent Office as to whether or not your patent should be registered, the shorter the term of validity of your patent will be.

Does Japan protect intellectual property?

In Japan, as in the United States, intellectual property is protected by a variety of laws. Ideas are protected by the patent and utility model registration systems, designs by the design registration system, product and service names by the trademark registration system, and artistic creations by the copyright system.