When does a Japanese translation need to be filed?

Q. 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?

A. According to the Japanese patent law, a PCT application can be entered into the Japanese national phase without a Japanese translation. Then, there is a two-month deadline from the entry of the Japanese national phase for filing a 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.

* The information provided on this website is for informational purposes only and is not intended to be legal advice.

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