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Asia Pacific
Japan
JP
Patent system, trademark registration, annuity management, and renewals in Japan.
Before You Start
Before filing or quoting, you'll typically confirm these first
- 1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Japan
- 2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
- 3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement
The sections below cover each module — use the navigation to jump directly to what you need.
Patent System & Process
Patent System in Japan
Japan's patent system is administered by the JPO under a first-to-file basis. Invention patents (特許) are valid for 20 years from filing; substantive examination must be requested within 3 years of the filing date. Japan also has utility models (実用新案), valid for 10 years, without substantive examination. Japan is a PCT member; national phase entry is due within 30 months of the priority date.
Patent Types ▾
**特許 (Invention Patent):** Subject to substantive examination; valid for 20 years from filing.
**実用新案 (Utility Model):** No substantive examination; granted upon registration; valid for 10 years from filing; limited to tangible article shape/structure.
**外観意匠 (Design):** Governed by the Design Act; valid for 25 years from registration (post-2020 amendment); subject to visual design requirements.
Source: Patent Act of Japan; Design Act of Japan
Request for Examination (3-Year Deadline) ▾
A Request for Examination must be filed within 3 years of the application date. Failure to file results in the application being deemed withdrawn.
**Key notes:**
- For PCT national phase entries in Japan, the 3-year deadline runs from the PCT international filing date
- The request deadline cannot be extended
- Filing the examination request simultaneously with national phase entry is recommended to avoid oversight
Source: Japan Patent Act §48-3
Novelty Grace Period (6 Months) ▾
Japan's Patent Act allows a 6-month grace period for specific disclosures made by the inventor before the application date (exception to loss of novelty). Qualifying activities include academic conference publications, doctoral theses, and exhibit disclosures at designated exhibitions.
**Note:** The grace period must be claimed at filing, with supporting documentation submitted within the required period. It does not apply to commercial sales or unauthorized third-party disclosures. For jurisdictions requiring absolute novelty (e.g., Europe, China), file before any disclosure.
Source: Japan Patent Act §30
PCT National Phase Entry — Japan ▾
- Deadline: 30 months from the PCT international filing date
- A full Japanese translation must be submitted
- Filing fees, national basic fee, and examination request fee must be paid within the deadline
- A licensed Japanese patent attorney (弁理士) is required
- Translation quality significantly impacts examination outcomes; professional translation is strongly recommended
Source: WIPO PCT Applicant's Guide — JP; JPO PCT guidelines
Examination Timeline ▾
JPO's average substantive examination timeline is approximately 10–14 months from the examination request (JPO target: ~11 months). Actual timelines vary by technology field and backlog.
**PPH:** JPO has PPH agreements with many major offices (CNIPA, USPTO, EPO, KIPO, etc.). If a corresponding foreign application has a positive outcome, PPH request can significantly shorten examination time.
Source: JPO examination statistics; JPO PPH information page
Patent Term and Annual Fees ▾
Japanese invention patents are valid for 20 years from the filing date. Annual fees (特許料) are due annually after grant, increasing by year. A 6-month grace period (with surcharge) applies for late payment; beyond that the patent lapses, but restoration is possible under "legitimate reasons" conditions.
Source: Japan Patent Act §107; JPO fee schedule
Utility Model (実用新案) ▾
Japanese utility models apply to article shape/structure, not to methods or chemical compounds. Key characteristics:
- No substantive examination — registered directly (~6–9 months)
- Valid for 10 years from filing
- Weaker rights compared to patents, but faster
- Can be converted to a patent application under a dual-track strategy
- Rights holder must obtain a Technical Opinion (技術評価書) before asserting rights against infringers
Source: Utility Model Act of Japan
DAS Support ▾
JPO is a WIPO DAS participating office. After requesting a DAS access code from JPO, other DAS participating offices can electronically retrieve priority documents from JPO without requiring certified paper copies.
Source: WIPO DAS; JPO procedures for priority document submission
Trademark: Madrid Designation of Japan ▾
Japan joined the Madrid Protocol in 2000 and may be designated in international applications. JPO examines designations under Japanese national law and issues provisional refusals (if any) within approximately 6–9 months of receiving the designation.
Source: JPO trademark examination guidelines; WIPO Madrid member info — JP
Trademark System & Process
Trademark System in Japan
Japanese trademarks are examined by JPO under a first-to-file basis. Registrations are valid for 10 years from the registration date and are renewable indefinitely. Multi-class applications are allowed with separate fees per class. Japan joined the Madrid Protocol in 2000; both Madrid designation and direct JPO filing are available.
Filing Routes ▾
**Direct filing:** A licensed Japanese trademark attorney (弁理士) must submit a Japanese-language application directly to JPO.
**Madrid System:** File an international application via WIPO in English or French, designating Japan. JPO does not require a Japanese translation but examines under Japanese national standards.
Source: JPO trademark filing guide; WIPO Madrid member — JP
Examination and Opposition ▾
JPO examines absolute grounds (e.g., distinctiveness, genericness) and relative grounds (e.g., similarity to earlier marks, related goods/services). Upon approval, the mark is published for 2 months of opposition. If no opposition is filed or it fails, the mark is registered.
Source: Japan Trademark Act; JPO trademark examination manual
Term and Renewal ▾
Registrations are valid for 10 years from the registration date. Renewals may be filed in the 6 months before expiry; a 6-month post-expiry grace period is available with a surcharge. Renewal does not require a specimen of use, but marks unused for 3 consecutive years may be subject to a cancellation action.
Source: Japan Trademark Act §19, §50
Non-Use Cancellation ▾
A registered trademark may be cancelled by a third party if it has not been used in Japan in the course of trade for 3 consecutive years. The burden of proof of use falls on the registrant. **Practical advice:** Evaluate whether maintaining a Japanese registration is valuable if no real use in Japan is intended, or be prepared to demonstrate use if challenged.
Source: Japan Trademark Act §50
Multi-Class Applications ▾
Multi-class applications are permitted, but each class requires a separate fee. Goods and services must be described with appropriate specificity — JPO has standardized classification requirements, and overly broad descriptions may result in an OA requesting amendment.
Source: JPO trademark classification guidelines
Well-Known Trademark Protection ▾
Japan's Trademark Act provides special protection for well-known marks beyond their registered classes (anti-dilution protection). Well-known status requires proof of recognition in the Japanese market, supported by advertising evidence and sales data.
Source: Japan Trademark Act §4(1)(xix)
Assignment and License Recordal ▾
Trademark assignments must be recorded with JPO to be enforceable against third parties. License agreements should be recorded to have formal legal effect (exclusive licenses must be recorded as 専用使用権). Unlike the US, Japanese trademark assignments do not require transfer of goodwill.
Source: Japan Trademark Act §35
Patent Annuity
Japan Patent Annuities
Japanese patent annual fees are due every year from year 1 post-grant, increasing by year. A 6-month late payment period applies with a surcharge; beyond that the patent lapses. Restoration is possible under specific conditions. Utility models also require annual fees but at different rates with only a 10-year term.
Source: Japan Patent Act §107; JPO fee schedule
Trademark Renewal
Japan Trademark Renewals
Japanese trademark renewals do not require a specimen of use — unlike the US. Renewals may be filed within 6 months before expiry, or within 6 months after expiry (with a surcharge). Successful renewal extends the registration for another 10 years. Note: While use is not required for renewal, marks unused for 3+ years remain vulnerable to third-party cancellation actions.
Source: Japan Trademark Act §19, §50
FAQ
Common Questions — Japan IP
What is the examination request deadline for PCT national phase entry in Japan? ▾
A Request for Examination must be filed with JPO within 3 years of the PCT international filing date. Filing simultaneously with national phase entry is recommended to avoid oversight. The deadline cannot be extended.
Does Japan have a patent grace period? ▾
Yes, but only 6 months. It applies only to specific types of the applicant's own disclosures (academic publications, designated exhibitions, etc.), not to commercial sales or independent third-party disclosures. The grace period must be claimed at filing with supporting documents. For absolute novelty jurisdictions (China, Europe), file before any disclosure.
When should I choose a utility model (実用新案) vs a patent (特許) in Japan? ▾
Utility models are fast (6–9 months, no examination) — ideal when rapid rights are needed and product lifecycles are short — but limited in scope (only tangible article shapes/structures, not methods or chemicals) and weaker in enforceability. Patents take longer (1–3 years) but provide broader, stronger protection. A dual-track strategy (filing both simultaneously) is also an option.
How do I use JPO's PPH channel? ▾
If a corresponding application in CN, US, EP, or another PPH-partner jurisdiction has received a positive examination outcome (allowed/granted), a PPH request can be filed with JPO to accelerate examination. Supporting foreign examination documents (with Japanese translation) must be submitted. JPO's PPH channel typically shortens examination to 5–10 months.
How do I designate Japan via the Madrid System? ▾
File a Madrid international application through WIPO in English or French, designating Japan. WIPO forwards the designation to JPO, which examines under Japanese national law. Any provisional refusal must be responded to in Japanese, typically through a Japanese attorney.
When can a Japanese trademark registration be cancelled? ▾
Key grounds include: (1) Non-use cancellation if unused for 3 consecutive years (§50); (2) Genericness — the mark has become a generic term for the goods/services (§26); (3) Invalidity if grounds for refusal existed at registration time (§46). Non-use cancellation is commonly used as a defensive countermeasure against infringement claims.
How are Japanese patent annual fees calculated? ▾
Japanese patent annual fees are calculated based on the number of claims and the year of the fee, with fees increasing for later years and more claims. Refer to JPO's official fee schedule (updated periodically). Using JPO's online fee calculator is strongly recommended for accurate estimates.
What documents are required for Japanese trademark registration? ▾
Submit to JPO: (1) The trademark specimen (colors, 3D shapes, etc. where applicable); (2) Designated goods/services class(es) and specific listings (must conform to JPO classification standards); (3) Applicant information; (4) Power of attorney if using an agent. For Madrid designations, no separate Japanese application is needed, but JPO refusals must be addressed in Japanese through a Japanese attorney.
Is a Japanese translation required for patent applications in Japan? ▾
Yes. Whether via PCT national phase entry or direct filing, the specification, claims, and abstract must be in Japanese. PCT national phase applicants may have filed the international application in another language but must submit a complete Japanese translation upon national phase entry.
What is J-PlatPat? ▾
J-PlatPat (Japan Platform for Patent Information) is JPO's official free search platform for Japanese patents, utility models, designs, and trademarks. Supports both Japanese and English searches, including coverage of PCT applications. URL: https://www.j-platpat.inpit.go.jp
Does Japan have a non-use defense for trademarks? ▾
Japan does not require proof of use at registration or renewal time (unlike the US). However, any third party may apply to cancel a registration that has not been used for 3 consecutive years, with the burden of proving use falling on the registrant. This is a key difference from the US system — in Japan, unused marks are passively vulnerable to third-party cancellation rather than being actively purged at renewal.
What options are available if a Japanese patent application is rejected? ▾
When JPO issues an OA (拒絶理由通知), the applicant must respond with arguments and/or amendments within the prescribed period (usually 60 days, extendable). If a final rejection (拒絶査定) is issued, an appeal (拒絶査定不服審判) can be filed within 3 months. If the appeal board also rejects, further appeal to the Intellectual Property High Court is available.
Official Reference Sources
Sources for This Page
JPO Official Website www.jpo.go.jp J-PlatPat Search Platform www.j-platpat.inpit.go.jp JPO Fee Schedule www.jpo.go.jp/system/process/tesuryo/index.html WIPO PCT Applicant's Guide — JP www.wipo.int/pct/en/appguide/ WIPO Madrid — JP Member Info www.wipo.int/madrid/en/members/ WIPO DAS www.wipo.int/das/
Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.
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