1. Overview

When filing a patent application in Japan, one crucial step to keep in mind is the Request for Examination. Unlike some countries where examination is automatic upon filing, Japan requires applicants to actively request examination within a specific time period. Failure to do so will result in the application being deemed withdrawn. (Patent Act Article 48-2, Article 48-3)

2. What is a Request for Examination?

A Request for Examination is an official request to the Japan Patent Office (JPO) to begin a substantive examination of your patent application. Without this request, the JPO will not examine the application, even if it has been filed correctly and includes all required documents.

3. Deadline for Request

The deadline for filing a request for examination is within 3 years from the filing date (or international filing date for PCT applications).

For divisional application, the deadline for requesting examination is the later of the following two dates:

(a) Deadline for requesting examination of the original application (3 years from the filing date of the original application)

(b) Within 30 days from the filing date of the divisional application

4. Who Can File the Request?

The request can be made by:

(a) The applicant

(b) The patent attorney representing the applicant

(c) A third party (though this is rare)

5. Fees

As of April 2025, the request for examination fees are:

(a) Basic fee: ¥138,000 (up to 1st claim)

*The basic fee is reduced for international patent applications.

(b) Additional claim fee: ¥4,000 per claim (from the 2nd claim onward)

6. Reduction/Exemption Program

Japan provides a reduction/exemption program for eligible applicants, including small and medium-sized enterprises (SMEs) and universities.

Details are available here: https://www.oshpat.jp/en/topics/1389/ 

Japanese Patent Attorney
Yosuke Katsumi