This column outlines the procedures and available options after receiving a Decision to Grant a Patent in a Japanese patent application. A Decision to Grant a Patent in Japan corresponds to the Notice of Allowance in the United States.

1.  Payment of Patent Fees for Registration

Deadline: Within 30 days from the date of service of the certified copy of the Decision to Grant a Patent. 

In principle, the applicant must pay the patent fees for the first to third years in a single lump-sum payment. 

If the payment is not made within the prescribed period, the patent will not be granted, and the application will be deemed to have been withdrawn.

2. Filing of a Divisional Application

Deadline: Within 30 days from the date of service of the certified copy of the Decision to Grant a Patent. 

Note: Even if the 30-day period has not yet expired, once the patent has been registered, filing a divisional application is no longer possible.

Therefore, if a divisional application is being considered, it is advisable to postpone the payment of registration fees until the decision to file the divisional application has been finalized.

3. Important Notes

In Japan, amendments to the claims, specification, or drawings are not permitted after a Decision to Grant a Patent has been issued.

While certain post-allowance amendments may be allowed under specific conditions in the United States, Japan does not have a corresponding system.

If amendments are necessary at this stage, the applicant should consider filing a divisional application or requesting a trial for correction.

Japanese Patent Attorney
Yosuke Katsumi