Patent FAQ | FAQ | 牛田特許商標事務所/東京都板橋区　

Index

Is it necessary to file a Power of Attorney to JPO？: The Power of Attorney is not necessary at the time of filing the patent application in JPO or entering into the national phase in Japan. However, when demanding the appeal, the Power of Attorney is necessary.

When is the deadline for entering a PCT application into national phase in Japan?: The PCT application must be entered into national phase in Japan within 30-month from the earliest priority date. No later filing is allowed under any circumstance.

When can I file a divisional application?: The divisional application can be submitted under the following circumstance:
(a) At any time before the First Office Action is issued.
(b) If the Office Action is issued, within a three-month from the mailing date of the Office Action.
(c) After the Decision of Rejection, within a three-month from the mailing date of the Decision of Rejection, provided that the notice of appeal is simultaneously submitted.
(d) After the Notice of Allowance, within 30-day from the mailing date of the Notice of Allowance.

When can I file an Amendment?: The amendment can be submitted under the following circumstance:
(a) At any time before the First Office Action is issued.
(b) If the Office Action is issued, within a three-month from the mailing date of the Office Action.
(c) After the Decision of Rejection, within a three-month from the mailing date of the Decision of Rejection, provided that the notice of appeal is simultaneously submitted.

Is it necessary to file a Request for Substantive Examination?: The Request for Substantive Examination can be submitted within 3-year from the actual filing date in JPO, in case of PCT application within 3-year from the international fining date.
If the Request for Substantive Examination has not been filed within 3-years from the actual filing date, the application is deemed to be withdrawn.