PCT NATIONAL PHASE ENTRY
Japan

The decision on which countries to apply for patents can be influenced by the type of invention. However, it is a good practice to assess applications in key economies and jurisdictions with high patent filing rates. Japan, being one of these significant economies, should be considered in this evaluation. In 1899, Japan joined the Paris Convention for protecting industrial property, allowing foreigners to be part of Japan's patent system. And on 1 October 1978, Japan became the contracting member of Patent Cooperation Treaty.

The major requirements and procedure to file a patent application in Japan are mentioned below:

The designated period for submitting a patent application in Japan under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In the Japanese patent system, Japanese is the designated official language for submitting patent applications. In cases where the international application is presented in a language other than Japanese, it becomes mandatory to translate it into Japanese. This requirement underscores the critical need for accurate communication and strict conformity to regulatory standards, highlighting the utmost importance of clear and precise documentation in the patent process.

The deadline for submitting a patent application to the national phase cannot be extended. However, the Japanese translation of the specification can be provided within two months after entering the Japanese PCT national phase.

There is no requisite demand for documentations required for filing the patent application.

The fee for requesting an examination experiences a reduction when an international search report has been established. Furthermore, reductions are extended to individuals, small and medium-sized enterprises, micro enterprises, academic institutions, and specific other entities.

To commence the examination process, it is necessary to submit a formal request within three years from the international filing date. This request is permissible only after meeting all prerequisites for transitioning into the national phase. The appeal for examination is required to be submitted in Japanese using Form No. 44.

Patent Prosecution Highway Program under the PCT

The aim of the PPH is to make it super easy for applicants to get a patent everywhere and quickly. It's like a global teamwork where IP Offices share their findings to make exams easier and improve their quality worldwide, making it a breeze for everyone. Under specific conditions, it becomes feasible to ask for a speedy examination through PPH.

The JPO has initiated PPH programs on a trial basis, utilizing PCT international work products (PCT-PPH). Within these programs, acceleration of examination can be sought by employing a written opinion established by specific International Searching Authorities (WO/ISA), a written opinion established by designated International Preliminary Examining Authorities (WO/IPEA), or an international preliminary examination report (IPER) established by particular International Preliminary Examining Authorities.

The Japan Patent Office has entered into PCT-PPH agreements with:

• Brazil (BR): National Institute of  Industrial Property (INPI) 
• Egypt (EG): Egyptian Patent Office (EGYPO)
• Philippines (PH) : Intellectual Property Office of the Philippines (IPOPHL)
• Turkey (TR): Turkish Patent and Trademark Office (Turk patent)

This office is also involved in the IP5 Patent Prosecution Highway pilot program.

Payment for the initial three-year renewal coincides gracefully with the grant fee. For the fourth year and beyond, an annual renewal processes must be performed with precision, ensuring payment occurs before the anniversary of the original grant date. 

The term of a patent in Japan is generally 20 years from the filing date of the patent application. This means that the patent holder has exclusive rights to the invention for two decades from the date the application is filed with the Japan Patent Office. The temporal extension of protection can be extended for a maximum period of up to five years for pharmaceutical products and agricultural chemicals.

The Global Innovation Index (GII) assesses the innovation capabilities of world economies by considering around 80 indicators categorized into innovation inputs and outputs. This comprehensive approach aims to capture the various aspects of innovation. The provided table illustrates Japan's rankings over the past four years. However, it's important to note that changes in data availability and adjustments to the GII model framework can impact year-on-year comparisons of rankings.

For the GII 2023, Japan's ranking falls within the statistical confidence interval of 13th to 15th place. Notably, in terms of innovation inputs, Japan maintains its 11th position, consistent with the previous year's ranking.

In the realm of global innovation, this nation proudly claims the bronze for total patent applications and elevates to a compelling silver for its impact on the international patent landscape. Surging forward, it brilliantly seizes the second spot for PCT National Phase Entries. Meanwhile, on the economic front, it gracefully commands the podium with a distinguished third place, cementing its status as a captivating force in both inventive prowess and global economic influence.