Japanese Patent FAQs
Appeal
Update 2022.6.28Q.When may we expect to receive a decision in an appeal examination after issuance of the names of the appeal examiners?
Normally, such a decision is issued six or more months after issuance of the Notice of the Names of the Appeal Examiners.
Q.The applicant assigned a patent application to another entity. Do we need to record the change of ownership at the time of filing an appeal?
Yes. When filing an appeal, it is necessary to file a power of attorney from the applicant. Therefore, it will be necessary to file an assignment document and a power of attorney for the assignee at the time of filing an appeal. Otherwise, a power of attorney from the assignor must be filed with the JPO.
Q.Is it possible to file a Request for Continued Examination (RCE) in Japan?
No. Unlike in the US, there is no RCE procedure in Japan. Instead, the applicant may file a divisional application in Japan. In addition, if an Amendment is filed when filing a Demand for Appeal, the pretrial examination will be performed by the original examiner for reconsideration prior to the appeal.
Flowchart for Obtaining a Patent in Japan:
https://www.ondatechno.com/en/procedures-in-japan/patents
Flowchart for Entering PCT National Phase in Japan:
https://www.ondatechno.com/en/procedures-in-japan/flowchart-for-entering-pct-national-phase-in-japan/