For obtaining a patent or a utility model registration in Japan, two alternative routes are available.

1. Route 1 : Direct or Paris route

   Direct filing is usually, but not mandatorily, accompanied by priority claim under the Paris Convention or other applicable convention (collectively, the Convention) from a first filed application in a Convention country.

   For claiming priority, an application with the JPO must be filed within 12 months from the filing date of the first filed application.

   With the priority claim, the application directly filed in Japan will not be invalidated by reason of any acts accomplished between the filing date of the fist filed application and the date of direct filing in Japan, such as another filing, or publication or exploitation of the invention.

   A direct application for patent with or without priority claim may be made in English or other foreign languages, and such an application is referred to as a Foreign Language Application. The date on which a Request in Japanese and a Specification, Claims, and an Abstract (and Drawings, if any) in a foreign language are filed with the JPO is the filing date, and a Japanese translation of the Specification, the Claims, and the Abstract (and the Drawings, if any) must be filed within 16 months from the earliest priority date, or the filing date in Japan if no Convention priority is claimed.

   A Foreign Language Application is not applied to utility models.

2. Route 2 : PCT route

   An application for patent/utility model registration in Japan may be filed through PCT route. The Japanese national phase of a PCT application must be entered within 30 months from the earliest priority date, or the international filing date if no Convention priority is claimed. Specifically, a Request for Entry into the national phase must be filed with the JPO within the 30 month period, and then the Applicant is given 2 months from the date of entry for filing a Japanese translation of the application documents.

For obtaining a design registration in Japan, two alternative routes are available.

1. Route 1 : Direct or Paris route

   An application for design registration may be filed directly with the JPO.

   Direct filing is usually, but not mandatorily, accompanied by priority claim under the Paris Convention or other applicable convention (collectively, the Convention) from a first filed application in a Convention country.

   For claiming priority, an application with the JPO must be filed within 6 months from the filing date of the first filed application. Note the 6-month period, which is much shorter than the 12-month period for patent and utility model applications.

2. Route 2 : Hague route

   A design registration in Japan may be obtained through the Hague system by filing an international application, including designation of Japan, under the Hague Agreement.

   As a result of substantive examination of the international registration by the JPO as the Office of a designated Contracting Party, a refusal of protection, if any, is notified to the holder of the international registration through the International Bureau. The holder must be represented by a local attorney in Japan, like us, in order to contest the refusal at the national level in Japan. We can act on behalf of the holder before the JPO in contesting the refusal.

For obtaining a trademark registration in Japan, two alternative routes are available.

1. Route 1 : Direct or Paris route

   An application for trademark registration may be filed directly with the JPO.

   Direct filing is usually, but not mandatorily, accompanied by priority claim under the Paris Convention or other applicable convention (collectively, the Convention) from a first filed application in a Convention country.

   For claiming priority, an application with the JPO must be filed within 6 months from the filing date of the first filed application. Note the 6-month period, which is much shorter than the 12-month period for patent and utility model applications.

   Direct filing in Japan may be advantageous in designating the goods/services for which the protection is sought in Japan according to the Japanese laws and local practice based on the Examination Guidelines for Similar Goods and Services provided by the JPO.

2. Route 2 : Madrid route

   A trademark registration in Japan may be obtained through the Madrid system by filing an international application, including designation of Japan, under the Madrid Protocol.

   As a result of substantive examination of the international registration by the JPO as the Office of a designated Contracting Party, a refusal of protection, if any, is notified to the holder of the international registration through the International Bureau. The holder must be represented by a local attorney in Japan, like us, in order to contest the refusal at the national level in Japan. We can act on behalf of the holder before the JPO in contesting the refusal.