Key revisions to the Japanese patent practice under the PLT (Patent Law Treaty):

D1c05fbdf2

Application filings in foreign languages (non-PCT route):

 

1) Under the new rule, it is possible to file patent applications in English or other foreign languages.

 

2) The legal term for filing a Japanese translation remains 16 months from the priority date. However, under the new rule, even if a Japanese translation is not filed within the legal term, the JPO will notify applicants of the failure to file, and the applicants may file the Japanese translation within a 2 month grace period following the notification (that is, within about 18 months from the priority date in total). Please see the flowchart copied below.


Term for filing a Request for Examination

 

The legal term for filing a Request for Examination is 3 years from the filing date. However, the same new rule as explained above regarding item 2) will apply, and applicants may file the Request for Examination within a 2 month grace period from a notification from the JPO.