How to Get a Patent in Japan as a Foreign Applicant: Documents, Routes and Process

"What documents do we need to file a patent in Japan?" "Can we use our Chinese or English application?" "How long until the patent is granted?"

Overseas companies that want to protect an invention in Japan often ask us these questions. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains the whole process for foreign applicants — from the documents and filing routes to examination, grant and maintenance.

*Official fees are those listed on the JPO fee schedule as of October 2026.

What you will learn

Why foreign applicants need a Japanese patent attorney
Which inventions can be patented in Japan
The three routes into Japan: direct, Paris priority and PCT
The five application documents and the Japanese translation
The process from filing to grant, and the official fees

Foreign applicants must file through a Japanese patent attorney

An applicant who has no domicile or business office in Japan cannot file a patent application or take later procedures directly with the Japan Patent Office (JPO). Filing, the examination request, responses to Office Actions and fee payments must all be handled by a representative in Japan — in practice, a licensed Japanese patent attorney (Benrishi).

Your attorney also prepares the Japanese text of the application. Because the Japanese claims define the scope of your patent in Japan, the quality of the translation directly affects how strong your patent will be.

First check: can your invention be patented in Japan?

Under the Japanese Patent Act, only an "invention" that meets all of the following conditions is protected.

What counts as an invention (Patent Act Art. 2)

It uses a law of nature: economic rules, mathematical formulas, game rules and perpetual motion machines are excluded.
It is a technical idea: personal skills, mere presentation of information and artistic works are excluded.
It is a creation: the mere discovery of something in nature is excluded.
It is "highly advanced": this does not mean revolutionary — an improved product with a new function can qualify.

Common grounds for refusal

Lack of novelty (Art. 29(1)): the invention was publicly known, used or published (including online) anywhere in the world before filing.
Lack of inventive step (Art. 29(2)): the invention could easily have been made by a person skilled in the art based on existing technology.

Three routes for foreign applicants

Route	Deadline	Best for
Direct filing in Japan	—	Japan is your first filing, or priority is not needed
Paris Convention priority	Within 12 months of your first application	You have filed at home (e.g. CNIPA) and want only a few countries
PCT national phase	Within 30 months of the priority date	You filed a PCT application and want more time to choose countries

With the Paris route, the Japanese application is treated as if filed on the date of your first application for the purposes of novelty and prior art. With the PCT route, a Japanese translation of the description, claims, drawings (text) and abstract must be submitted. If the national-phase documents are filed within the last two months of the 30-month period, the translation may be submitted within two months after that filing.

The five application documents

Document	Role
Request (Gansho)	Applicant and inventor details, priority claim. Names and addresses are entered in Japanese with the original-language notation.
Claims	Define the scope of the patent right (Art. 70). The most important document.
Description	Technical field, background, problem, solution, effects and embodiments, written clearly enough for a skilled person to carry out the invention (Art. 36(4)).
Drawings	Black and white, with reference numerals. Practically required except where not needed (e.g. some chemical inventions).
Abstract	A summary of the invention within 400 Japanese characters.

Filing in Japanese, or filing in a foreign language first

Normally the application is filed in Japanese. If time is short — for example, the 12-month priority deadline is close — you can file a foreign-language application (in English, Chinese or another language) to secure the filing date, and submit the Japanese translation within 1 year and 4 months of the filing date (or the earliest priority date). The application is examined based on the Japanese translation, so translation quality still matters.

Tips for the claims

Not too broad, not too narrow: claims that are too narrow leave loopholes for competitors; claims that are too broad overlap with prior art and are refused.
Use several claims: independent and dependent claims give you fallback positions during examination and in disputes.
Check the Japanese wording: a literal translation of foreign claims can unintentionally narrow or blur the scope. Review the Japanese claims with your attorney before filing.

From filing to grant: the process in Japan

Main steps

1. Prior art search: check that the invention is not already public. J-PlatPat (the JPO's free database) and other databases can be used.
2. Filing: your Japanese attorney files the application online. The filing date is secured.
3. Formality check: the JPO checks the documents; any defects must be corrected.
4. Request for examination: examination does not start automatically. A request must be filed within 3 years of the filing date (for PCT cases, the international filing date), or the application is deemed withdrawn.
5. Publication: the application is published about 18 months after the filing (or priority) date.
6. Examination: most applications receive at least one Office Action (notice of reasons for refusal). You respond with arguments and/or amendments.
7. Grant and registration: after a decision to grant, the first three years' annuities must be paid within 30 days (extendable once by 30 days on request). The patent is then registered.

An Office Action is normal and does not mean the end. Applicants abroad are generally given 3 months to respond. If the refusal is maintained, you can file an appeal against the decision of refusal.

Official JPO fees

Item	Official fee
Filing fee (Japanese-language application)	JPY 14,000
Filing fee (foreign-language application)	JPY 22,000
Request for examination	JPY 138,000 + JPY 4,000 per claim
Request for examination (PCT, JPO prepared the international search report)	JPY 83,000 + JPY 2,400 per claim
Annuities, years 1–3 (each year)	JPY 4,300 + JPY 300 per claim
Annuities, years 4–6 (each year)	JPY 10,300 + JPY 800 per claim
Annuities, years 7–9 (each year)	JPY 24,800 + JPY 1,900 per claim
Annuities, years 10 onward (each year)	JPY 59,400 + JPY 4,600 per claim

Attorney fees and translation costs are separate and depend on the length of the specification, the number of claims and the number of Office Actions. Please contact us for a quote based on your application.

Keeping the patent alive

A Japanese patent lasts up to 20 years from the filing date (up to 25 years where an extension is registered, e.g. for pharmaceuticals). From year 4, annuities must be paid each year. If a payment is missed, it can still be made within 6 months after the deadline together with a surcharge of the same amount. After that, the patent lapses.

Three tips for getting a strong patent in Japan

Key tips

Do not miss the 12-month or 30-month deadline: once it has passed, your own home filing or publication may destroy novelty in Japan.
Do not disclose before filing: trade shows, papers, press releases and product launches can destroy novelty. The grace period (Art. 30) exists but requires procedures and is not guaranteed.
Invest in the Japanese claims: the scope of your Japanese patent is decided by the Japanese text, not by your original-language application.

FAQ

Q. Can we file in Japan ourselves from overseas?
A. No. Applicants without a domicile or office in Japan must use a representative in Japan, in practice a Japanese patent attorney.
Q. We only have a Chinese (or English) specification. Is that enough?
A. Yes, to start. You can file a foreign-language application to secure the date and submit the Japanese translation within 1 year and 4 months, or file directly in Japanese with our translation.
Q. Does examination start automatically?
A. No. A request for examination must be filed within 3 years of the filing date.
Q. Is an Office Action a bad sign?
A. No. Most applications receive at least one. Many are overcome by arguments or amendments.

Summary

Key points

Foreign applicants must file through a Japanese patent attorney.
Routes: direct filing, Paris priority (12 months) or PCT national phase (30 months).
Five documents: request, claims, description, drawings and abstract. A foreign-language filing is possible, with the Japanese translation due within 1 year and 4 months.
Request examination within 3 years. Office Actions are normal.
After allowance, pay the registration fee within 30 days; pay annuities every year from year 4.

Planning to patent your invention in Japan?
Tell us your filing route and deadline — we will explain the next steps and send a quote, free of charge.

BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney

Ask about patent filing in Japan — visit BrandAgent's English site