File a Patent in Japan: Process, Cost, and Timeline

Japan is one of the world’s most important markets for innovation, making it a prime destination for inventors and businesses seeking strong patent protection. Whether you are a startup, a multinational company, or an independent inventor, understanding how to file a patent in Japan is essential to securing your intellectual property rights. This guide explains the patent filing process in Japan, along with the costs and timeline involved.

1. Overview of the Japanese Patent System

Patent protection in Japan is governed by the Japan Patent Office (JPO). Japan follows a first-to-file system, meaning that the first person or entity to file a patent application generally obtains the rights, regardless of who invented it first. This makes timely filing critical.

Foreign applicants are allowed to file patents in Japan, but they must appoint a local patent attorney or representative unless they have a registered address in Japan.

2. Types of Patent Applications in Japan

There are two main ways to file a patent in Japan:

a) Direct National Filing: You file a patent application directly with the JPO in Japanese.

b) PCT National Phase Entry: If you have filed an international application under the Patent Cooperation Treaty (PCT), you can enter the Japanese national phase within 30 months from the earliest priority date.

3. Patent Filing Process in Japan

The patent filing process in Japan involves several key steps:

Step 1: Conduct a Patent Search

Before filing, it is strongly recommended to perform a Japan patent search to check whether similar inventions already exist. This helps assess novelty and reduces the risk of rejection.

Step 2: Prepare the Patent Application

A Japanese patent application must include:

• A detailed specification describing the invention

• One or more claims defining the scope of protection

• Patent Drawings, if applicable

• An abstract

  
  

For foreign applicants, all documents must be translated into Japanese. High-quality translations are essential to avoid legal or technical errors.

Step 3: File the Application with the JPO

The application can be filed electronically or on paper. Once filed, the JPO assigns a filing date and application number.

Step 4: Publication of the Application

Patent applications are typically published 18 months from the priority date. After publication, the invention becomes publicly available.

Step 5: Request for Examination

Japan does not automatically examine patent applications. You must file a request for examination within three years from the filing date. If you do not request examination, the application will be deemed withdrawn.

Step 6: Substantive Examination

The JPO examiner reviews the application for:

• Novelty

• Inventive step

• Industrial applicability

• Formal compliance

The examiner may issue an Office Action requiring clarification or amendments. You must respond within the prescribed deadlines.

Step 7: Grant and Registration

If the examiner approves the application, you pay the grant and registration fees, and the patent is officially registered.

4. Patent Filing Costs in Japan

The cost of Patent Filing in Japan depends on factors such as application length, number of claims, and attorney involvement.

a) Official Fees (Approximate)

• Filing fee: ¥14,000–¥20,000

• Request for examination: ~¥138,000 + per-claim fees

• Registration fee (first 3 years): varies based on claim count

  
  

b) Professional Fees

• Patent drafting: $2,000–$6,000

• Translation into Japanese: $1,500–$4,000

• Local attorney fees: $1,000–$3,000

Estimated total cost:$5,000–$12,000+ depending on complexity.

5. Patent Timeline in Japan

Here is a general timeline for patent filing in Japan:

• Day 1: File patent application

• 18 months: Application published

• 0–3 years: Deadline to request examination

• 6–18 months after examination request: First Office Action

• 2–4 years total: Patent granted (on average)

Expedited examination options are available in certain cases, such as green technologies or startups.

6. Special Considerations for Foreign Applicants

• A Japanese translation is mandatory.

• A local representative is required unless you are based in Japan.

• Claims must be carefully drafted to align with Japanese patent law standards.

• Entering Japan via the PCT route is often more flexible and cost-efficient for international applicants.

  
  

7. Tips for Successful Patent Filing in Japan

• File early to secure priority under Japan’s first-to-file system.

• Conduct a thorough Japan patent search before filing.

• Use a qualified Japanese patent attorney for drafting and prosecution.

• Monitor deadlines closely, especially for examination requests.

• Consider PCT filing if you plan to seek protection in multiple countries

  
  

Conclusion

Filing a patent in Japan involves a structured process, strict deadlines, and careful preparation. By understanding the process, cost, and timeline, inventors and businesses can make informed decisions and protect their innovations effectively in one of the world’s most competitive markets. With the right strategy and professional guidance, securing a patent in Japan can be a valuable step toward long-term commercial success.