Appeal Against a Final Rejection of a Japanese Patent Application: Deadline, Amendments, Fees and Tips

"The Japan Patent Office has issued a final rejection. Is it over?" "How long do we have to decide — counted from when?" "Can we still amend the claims, and how much will the JPO charge?"

A decision of refusal (kyozetsu satei) closes the examination stage in Japan, but it does not have to be the end of your application. You can request an appeal against the examiner's decision of refusal (kyozetsu satei fufuku shinpan), and in many cases the patent is granted at that stage. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains the deadline for overseas applicants, what you can and cannot amend, how the examiner's reconsideration before appeal works, the official fee, and practical ways to improve your chances.

*Information as of November 2026, based on the JPO's published guidance. Check the latest information on the JPO's Q&A on appeals against decisions of refusal.

Foreign applicants act through a Japanese patent attorney

An applicant with no domicile or business office in Japan cannot file an appeal or amendments with the JPO directly. All procedures must go through a representative in Japan — in practice a licensed Japanese patent attorney (Benrishi). If your current Japanese representative is unavailable or you want a second opinion, you can appoint a new one for the appeal stage. At BrandAgent, every case is handled personally by the patent attorney, and we communicate in English and Chinese. Payment can be made by PayPal (in JPY) or bank transfer.

What a decision of refusal means

Before refusing an application, the examiner sends one or more Notices of Reasons for Refusal (Office Actions). If your response does not overcome the reasons, the examiner issues a decision of refusal. At that point you have three realistic options:

• Request an appeal (with or without amendments) and have the case reviewed by a panel of administrative judges.
• File a divisional application to keep part of the subject matter pending — alone or together with the appeal.
• Let the refusal become final, for example if the product is no longer important in Japan.

The appeal is not a "new trial" in a court. It is an administrative procedure inside the JPO, conducted by a panel of three or five administrative judges of the Trial and Appeal Department. The JPO reports that, for patents, the share of appeal decisions granting a patent reached 78.2% in 2024 (this figure excludes cases granted earlier on reconsideration by the examiner). That does not mean your case will succeed, but it shows that an appeal is a serious option, not a formality.

Deadline: 3 months — 4 months for overseas applicants

An appeal must be requested within 3 months from the date the certified copy of the decision of refusal was served (Patent Act, Article 121(1)). For applicants residing overseas, the JPO extends this period by 1 month automatically, so the period becomes 4 months. According to the JPO's Q&A, no request is needed for this extension, and other requests to extend the appeal period are not approved.

Two practical points for overseas companies:

• The clock starts when the decision is served on your Japanese representative — not when your in-house team or your home-country agent receives the forwarding email. Ask your representative for the exact deadline in writing.
• Any amendment of the claims must be filed at the same time as the appeal request (see below). That means the technical decision on the new claims must be made within the same 4 months — including review by inventors and your home-country agent, and translation.

Amendments at the appeal stage

Most successful appeals involve some amendment of the claims. In Japan, the rules are strict.

Timing: "at the same time", not "on the same day"

For patents, the amendment must be filed at the same time as the appeal request. The JPO's Q&A explains that an amendment filed separately — even on the same day — is dismissed, and the appeal then proceeds on the claims before amendment. You cannot file the appeal first to "stop the clock" and send the amended claims later.

What you can amend

Amendments filed with the appeal request are subject to the same limits as amendments after a final Notice of Reasons for Refusal:

"Restriction of claims" has a narrow meaning in Japan. According to the JPO's Examination Guidelines, it means narrowing a feature that already appears in the claim — for example, replacing it with a narrower concept or deleting some alternatives — while the field of industrial application and the problem to be solved remain the same. Adding an unrelated feature from the description, or restoring a broader scope you gave up earlier, is generally not accepted. Deleting a whole claim is allowed, but deleting a feature from a claim to make it broader is not.

An amendment that breaks these rules can be dismissed, and the appeal is then examined on the earlier claims, which were already refused. Drafting the amended claims is therefore the most important part of the appeal.

Reconsideration by the examiner before appeal (zenchi shinsa)

If you amend the description, claims or drawings together with the appeal request, the case first goes back to an examiner for reconsideration before appeal (Article 162). The examiner reviews the amended application and either grants the patent or, if the refusal cannot be overcome, reports the result to the Commissioner. Only then does the panel of administrative judges start the appeal proceedings.

• During reconsideration, the examiner may not dismiss the amendment except when granting a patent (Article 164(2)).
• If you would like an interview with the examiner at this stage, the JPO recommends submitting a written request as early as possible.
• If you appeal without amendment, there is no reconsideration; the case goes straight to the panel.

Reconsideration is a real opportunity: a well-amended claim set that clearly answers the examiner's objections may be granted without full appeal proceedings.

Official fee

The JPO fee for an appeal against a decision of refusal of a patent application is JPY 49,500 + JPY 5,500 per claim (JPO fee table as of 1 April 2026). The number of claims is counted after the amendment filed with the appeal. For example, with 8 claims after amendment the fee is 49,500 + 5,500 × 8 = JPY 93,500.

• If the amendment increases the number of claims beyond the number covered by the examination request fee already paid, the difference in the examination request fee must also be paid. (Increasing claims at this stage is usually problematic anyway.)
• The appeal fee is not refunded just because the amendment is dismissed and the appeal is withdrawn.

Attorney fees depend on the case — ask us for a free quote.

How long does an appeal take?

According to the JPO's Status Report 2026, the average pendency of appeals against decisions of refusal for patents and utility models was 15.1 months in 2025. If the application meets the JPO's requirements, you can request accelerated appeal examination; the reported average pendency for accelerated appeal cases in 2025 was 3.7 months for patents. Note that accelerated examination granted at the examination stage does not carry over automatically — a separate request is needed at the appeal stage.

During the appeal, the panel may issue a new Notice of Reasons for Refusal (for example, citing new prior art). You will then have another chance to argue and, within the applicable limits, to amend.

Divisional application: an alternative or a complement

Within 3 months from service of the first decision of refusal, you can file a divisional application whether or not you request an appeal (for parent applications filed on or after 1 April 2007). This is useful when:

• you want to pursue narrow claims quickly in the appeal while keeping broader or different embodiments pending in a divisional;
• the amendment rules at appeal are too restrictive for the claim scope you need.

A divisional must still meet the substantive requirements for division, and claims that are essentially the same as the refused claims will face the same objections. Plan the appeal and the divisional together.

Tips to improve your chances

• Read the decision, not just the conclusion. Identify exactly which reasons remain (novelty, inventive step, clarity, support) and which claims they apply to.
• Use what other offices allowed. If China, the US or Europe granted narrower claims, consider whether a corresponding restriction is possible under Japan's rules.
• Argue the technical effect. Japanese inventive-step arguments are stronger when you explain a concrete advantageous effect supported by the description (and, where relevant, data).
• Check the Japanese text. For applications based on a translation, verify that your amended wording is supported by the Japanese text on file.
• Start early. Even with 4 months, inventor review, internal approval and translation take time. Send us the decision and your instructions as early as possible.

FAQ

• Q. Can we extend the 4-month appeal deadline?
  A. No. Overseas residents automatically receive 4 months (3 months + 1 month), but further extension requests are not approved according to the JPO's Q&A.
• Q. Can we file the appeal now and amend the claims next month?
  A. No. For patents, the amendment must be filed at the same time as the appeal request; a later amendment is dismissed.
• Q. What is the JPO fee?
  A. JPY 49,500 plus JPY 5,500 per claim, counted after the amendment filed with the appeal.
• Q. What if the appeal is rejected?
  A. You can bring an action before the IP High Court within 30 days from service of the appeal decision; an additional period of 90 days applies to overseas residents.
• Q. Can you take over a case from another Japanese firm?
  A. Yes. We can review the file, advise on the appeal and act as your new representative. We work in English and Chinese.