Commencement date: Date designated by Cabinet Order within one year after the date of promulgation (promulgated on July 10, 2015).

1. Patent Act
   • 1-1.Employee inventions system
   • 1-2.Changes to patent fees, etc.
   • 1-3.Changes to international application fee system
   • 1-4.Revisions for the purpose of implementing the Patent Law Treaty (PLT)
2. Trademark Act
   • 2-1.Revisions for the purpose of implementing the Singapore Treaty on the Law of Trademarks (STLT)

Reduction of Patent Application and Annuity Fees (JPY)

Reduction of Trademark Registration and Renewal Fees (JPY)

Which fees apply?

• Fees due before commencement date
  • Current fees apply
• Fees due on or after commencement date
  • if paid before the commencement date, current fees apply
  • if paid after the commencement date, revised fees apply
• Late payment of fees due before commencement date
  • Current fees apply
• When paying trademark registration or renewal fees in installments, if current fees were paid for the first 5 years
  • Current fees apply for the second 5 years

Fees for international applications under the Patent Cooperation Treaty will be set separately for applications in Japanese and foreign languages.

Search and Supplementary Search Fees

• International application date falls before commencement date
  • Current fees apply
• International application date falls on or after commencement date
  • Revised fees apply

Preliminary Examination and Supplemental Preliminary Examination Fees

• Preliminary examination fee paid before commencement date
  • Current fees apply
• Preliminary examination fee paid on or after commencement date
  • Revised fees apply

Outline

a) Request for extension of time after expiration of prescribed time period
b) Notification in case of non-submission of translation, etc. within prescribed time period
c) According of filing date of patent application
d) Reference to prior patent application(s)
e) Notification in case of parts missing in specifications, etc.

a) Request for extension of time after expiration of prescribed time period

• Where a time period is designated by which procedures are to be undertaken, the Commissioner of the Patent Office may, upon request, extend the time period. (Article 5(1))
• Provided it is within a time period prescribed by an ordinance of the Ministry of Economy, Trade and Industry (METI), said request can be made even after the original time period has expired. (New Article 5(3))
• For example, even after a designated time period to file an argument has expired, if there is a submission of a petition for extension of time (along with payment of fees) within a time period prescribed by an ordinance of METI, one can still file an argument.

b) Notification in case of non-submission of translation, etc. within prescribed time period

• When there is no submission of any of the below-mentioned documents within a prescribed time period, the applicant will be notified, and the notified person can submit the document within a time period prescribed by an ordinance of METI.
• Translation of foreign language written application (New Article 36-2(3) and (4) ）
• Certification of priority under the Paris Convention (New Article 43(6) and (7))
• Notification of appointment of patent administrator (New Article 184-11(3) and (4))

c) Designation of date of patent application (New Article 38-2)

• The date a patent application is submitted is accorded as the filing date if the below three elements are in place:
  • i) the intention to file an application
  • ii) an indication of the name of the applicant(s)
  • iii) a description
• When any of the above three elements is missing or incomplete, the person requesting the grant of a patent will be notified.
• The notified person can submit additional material for the patent application in the form of a written supplement within a time period prescribed by an ordinance of METI.

d) Reference to prior patent application(s) (New Article 38-3)

• If a claim of reference to a prior patent application is made, a patent application may be filed without the attachment of a description and necessary drawings to the application. (An application date will be duly accorded.)
  • A document must be filed at the time of said patent application, which mentions items prescribed by an ordinance of METI with regards to the prior patent application.
  • A description, necessary drawings and documents prescribed by an ordinance of METI must be submitted within a time period prescribed by an ordinance.
  • When the matters mentioned in the description and necessary documents are not within the scope of the prior patent application, the submission date of said application and necessary documents will be accorded as the filing date.

e) Notification in case of parts missing in description, etc. (New Article 38-4)

• The applicant is notified if a part of the description or necessary documents attached to the application is missing.
• The notified person may supplement the description or necessary documents by submitting a supplemental description, etc. within a time period prescribed by an ordinance of METI.
• The submission date of the written supplement of description, etc. will be accorded as the filing date.
  • However, when the application accompanies a priority claim and the content of the written supplement of description, etc. falls within the scope prescribed by an ordinance of METI, the date on which the application was submitted will be accorded as the filing date.

Provided it falls within a time period prescribed by an ordinance of METI, the following procedures may be undertaken even after the expiration of the originally designated time period:

• Certification of special provisions at the time of application (New Article 9(3))
• Submission of certification of priority under the Paris Convention (Revised Article 13(1))
• Payment of registration fees (including installment payment) (New Article 41(3), New Article 41-2(3) and (5))
• Payment of registration fees pertaining to rights arising from registration of defensive mark (New Article 65-8(4))

http://www.jpo.go.jp/torikumi/ibento/text/pdf/h27_houkaisei/h27text.pdf
http://www.jpo.go.jp/torikumi/kaisei/kaisei2/pdf/tokkyohoutou_kaiei_270710/02.pdf