How much time required to get patent in Japan ?

“The time required for drafting and filing a Patent application in Japan is about 15 to 20 days, then you receive a “patent pending” status. The time required for getting a patent grant in Japan is 2-3 years by the normal route and is about 6 months from the date of filing the request for accelerated examination.“

How much time required to get patent in Japan ?

time required to get patent in US — time required to get patent in Japan

When you (inventor) ask about the time required to get a patent in Japan for my invention, even if did not specifically mention it, there are 2 intentions behind asking that question and ultimately 2 answers:

Time required to file a patent in Japan for your invention
Time required to get a granted patent in Japan for your invention

Time required to file a patent in Japan

It takes about 2-3 weeks for a patent attorney to write a patent application and file it. Steps include

novelty search or patent search (time required for patent search is about 1 to 2 weeks)
patentability opinion
drafting a patent application and (time required for patent drafting is about 2 to 3 weeks )
filing a patent application at JPO (once all documents are ready time to file patent application in JPO could be few hours to 1 day)

Time required to get a granted patent in Japan

It takes about 1 year to 3years to get granted a patent in Japan for your invention. when application is filed generally it is reviewed by examiner in about 22 to 24 months (within 2 years) and on an average the time required to get the patent in Japan is about 30 to 32 months.

Steps include :

filing patent application ( 0 month )
Publication of application (18 months )
Examination (within 22 months as per average)
Examination report
Office action (16 to 18 months after filing)
Grant of patent (within 32 months as per average)

you can read the section on procedure, timeline, and costs for getting a patent in Japan

How to fast track patent in Japan ? speed up the process to grant

Japan Patent Office (JPO) Accelerated Examination: The JPO offers an accelerated examination procedure called the “Accelerated Examination Program.” Through this route, you can request accelerated examination and aim to receive a granted patent within approximately six months from the date of filing the request. This route is available for patent applications that meet certain criteria, such as being related to green technology, healthcare, or other prioritized fields.

To speed up the process of getting patent grant in Japan, there are few approches can be taken : Some approches are options like opting for

Accelerated Examination and Accelerated Appeal Examination
Patent Prosecution Highway (PPH)

on the other hand, some of the indirect ways that can help you get faster grant of patent are :

Being ready with appropriate information about the invention really reduces time from the ideation stage of the invention to filing of the patent, our guideline on how to go from Idea to invention disclosure and to granted patent.
Providing clear and consize invention disclosure specifically mentioning novel and non-obvious part of invention (if possible) will save a lot of time and reduce frequency of communication with Patent practitioner.
drafting the first claim in the meeting with a patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for the same outcome.
Review the patent draft (patent application) in quicker time before filing in to JPO
You may also contact patent examiner for status of the patent application (status request)
You may choose to go for First Action Interview Program and talk to the examiner before the examiner issues a first communication; having direct communication with the examiner to help speed up the process and you may get early allowance of an application.
and last but not least, a well drafted patent application with well written claims have better chance to proceed to grant of patent in much lesser time.

Accelerated Examination and Accelerated Appeal Examination

The accelerated examination system/accelerated appeal examination system is a provision to get faster grant of patent, such request can be made in certain conditions like :

Currently, the system can be applied to the following six types of applications and appeals against an examiners’ decision of refusal for the applications:

Working-related applications: already commercialized the invention or plans to commercialize the invention within two years
Internationally-filed applications;
Applications filed by SMEs, individuals, universities, public research institutes etc.;
Green-technology related applications: patent of “green invention (a kind of invention that has an energy-saving effect and contributes to CO2 reduction).”
Earthquake Disaster Recovery Support-related applications
The Asian Business Location Law-related applications.

Procedure for the accelerated examination and accelerated appeal examination

You can make a request for an accelerated (appeal) examination by submitting a “Written explanation of the needs of the accelerated (appeal) examination”. Request for an accelerated (appeal) examination is free of charge.

Source : JPO website link

Patent Prosecution Highway (PPH)

The PPH enables an application whose claims have been determined to be patentable in the Office of First Filing (OFF) to undergo an accelerated examination in the Office of Second Filing (OSF) with a simple procedure upon a request from an applicant on the basis of bilateral office agreements.

The purpose of the PPH is to facilitate an applicant’s acquisition of a patent at an early stage worldwide and to enhance the utilization of search and examination results between the IP Offices so as to reduce the burden of examination and to enhance the quality of examination worldwide.

Things you can do with “Patent Pending” or patent filed status

Now, When a typical inventor/applicant gets to know that it takes more than 2 years to get granted a patent for his invention, the immediate questions in mind would be;

Do I have to wait for 2-3 years to do anything about my invention? Till the patent is granted?
How it will make sense in my current business to wait for such long time period ?

The most important fact to consider here is, you get the status of “patent pending” or “patent filed” in Japan as soon as you file the patent application at JPO. This ensures the priority date is secured and now you (inventor) do not need to wait till grant of a patent for most of the activities you wish to do with your invention like:

Talking to investors and financers to get funding
Researching the financial worth of the invention
Finding the right partners for building a business around an invention
Advertising and commercializing
Practicing the invention for trial purposes with some clients
Searching for the right partner to license the patent after grant
Or in some cases entirely selling the invention as patent-pending

However, The only thing you cannot do till you have been granted a patent on your name for the invention is to “stop others from practicing the invention for commercial purpose”!!! In other words, you cannot stop others from using, selling, offering for sale, or importing your invention until and unless you have granted a patent on your name for the invention. For only stopping others you need to wait till the grant of a patent!!! (2-3 years)

almost all activities (even selling of the patent in the process) can be done after you have filled the patent application that is your invention is having “patent pending” status. Hence even if it takes more than 2 years to get granted a patent for your invention, It doesn’t stop you from doing almost all activities generally related to a patent as soon as you file the patent !!!

6. How much time required to get patent in Japan ?