PCT National Phase in Japan

Q1.　What are the time limits for entering Japanese national phase under PCT Chapters I and II?

A1.　 The time limit is 30 months from the earliest priority date (if any) or the international filing date of the PCT application for both Chapters I and II.

Q2.　Are Japanese translations of the PCT specification, abstract and drawings necessary for entering the Japanese national phase?

A2.　 Yes.  Japanese translations of the PCT specification, abstract and drawings must be filed with the Japan Patent Office.  Further, Japanese translations of amendments under PCT Article 19 and 34 (if any) should be filed with the Japanese translations of the specification, abstract and drawings.

Q3.　The time limit for entering Japanese national phase is drawing near but it seems unlikely that a Japanese translation of the PCT specification can be timely prepared.  Does the JPO allow postponement of the filing of the Japanese translation? 

A3.　 We can first file a “formal notice of entry into Japanese national phase” by the 30-month deadline for entry into Japanese national phase and, then, file Japanese translations of the PCT specification, abstract and drawings.  The formal notice can be prepared at our end based on the information shown in the cover page of the international publication.  The Japanese translations may be validly filed within 2 months from the date of the filing of the above-mentioned formal notice of entry.  No extra charge is necessary for such delayed filing of the Japanese translations.

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