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Japanese Patent FAQs
Additional Fees Required by the PCT for a Search of All Filed Claims After a Determination that Claims Do Not Meet Unity of Invention Requirements
Q.If we do not pay additional fees in response to an Invitation to Pay Additional Fees from a PCT Searching Authority, do we preserve the right in Japan to file the unsearched PCT claim set and claim priority from the PCT application?
A.
Yes. There will be no problem for entry of a PCT application in Japan. The right in Japan to file the unsearched PCT claim set and claim priority from the PCT application is unaffected by the failure to pay such additional fees.
The benefit of paying additional fees required by the PCT is that you can use the examination results if the results are favorable in a request for accelerated examination.
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