Japanese Patent FAQs
Post Issuance of Patent
Update 2023.6.26Q.Is it possible to cancel claims for an issued patent to reduce the annuity fee?
Yes. When the patentee would like to reduce the number of claims for issued patents, it is possible to file “Application for Registration of Partial Abandonment of Patent Rights.” In order to take such a procedure, a “Partial Abandonment of Patent Rights” and a Power of Attorney signed by the patentee are required.
Q.Is it possible to amend claims after a patent application has matured into a patent?
No. It is not possible to substantively amend claims after payment of the registration fee. Only cancellation of claims, correction of typos, and narrowing scope of claims are allowed after issuance of a patent.
Q.What documentation must be filed for correcting claims for an issued patent?
It is necessary to file an “Appeal for Correction” together with corrected claims and specification. A Power of Attorney also is required.
Q.Is it possible to request the JPO to re-issue certified copies of the Japanese patents granted to the applicant?
The JPO re-issues a certified copy of the Japanese patents granted to an applicant with a fee only for the following cases:
– When the certificate of patent has been lost
– When the certificate of patent has been soiled
– When the certificate of patent has been damaged
However, a re-issued certificate is issued under the name of the patentee(s) at the time of issuance. That is, even if an assignment or a name change has been recorded after the issuance, the assignee’s name or the newly recorded name is not printed on the re-issued certificate.