制作・著作
It is possible to extend the term for translation filing of the PCT application in Japan for up to two months
In this course, we can submit only the national phase entry request first to utilize this extension policy.
The patent system protects inventors’ patent rights for their inventions. Patent regulations specify that only the patent holder has the right to implement the invention and the method of the invention, and said regulations prohibit third parties from manufacturing, selling and importing those inventions.
The optimal approach to effectively use the additional two-month special time limit for translated documentation is to first submit only the domestic application documents. This way, you may obtain sufficient preparation time to file a PCT application to enter Japan.
In Japan, the application documents must be submitted within 30 months from the priority date. Within two months from the date of filing (par. 4, Art. 184, the Japanese Patent Law), the translated text must be submitted. Thus, the translation must be submitted within a maximum of 32 months from the priority date in this case.
We recommend our clients who are considering entering Japan based on a PCT application to utilize this time period and submit the translation within two months from the Japanese filing date.