I want to know when a Japanese translation needs to be filed. Should it be filed with or without a PCT application at the time of the Japanese national phase entry?
Do not miss the deadline to file! According to the Japanese patent law, a PCT application may enter the Japanese national phase without a Japanese translation. The national phase entry triggers a two-month deadline for filing the Japanese translation.
Please note that the translation filing due is two months from the date of the entry, not two months from the 30-month deadline. That is, you do not have 32 months from the priority date if the national phase is filed before the date of the 30-month deadline.
The filing of the Japanese translation does not incur a JPO official fee, whether it is filed with the national phase or by the two-month deadline.
What if I made a mistake and did not file on time?
Even after the above period has elapsed, you may be able to reinstate under the rubric of “Unintentional” for deadlines on or after April 1, 2023. In this case, the applicant must file the procedure with a Request for Reinstatement (回復理由書 kaifuku riyusho) within 2 months after remedy of the missed deadline becomes possible (i.e. the need and possibility is recognized) and before 1 year after the missed deadline has elapsed. Also, the applicant must pay a Reinstatement fee of212,100 yen (about US$ 1,500).
If you have any questions, please contact us. Also, see other Q&A articles related to PCTpatent application’s Japan national phase translations:
Do you recommend any way to save on translation costs?
I found an error in the PCT application! What can I do about it in the Japan national phase?
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact Taro Yaguchi or our firm for more information.
(Published March 25, 2011. Updated March 31, 2023.)
Header picture by R. 井上 from Pixabay.
