This article highlights important differences between the patent systems in Japan and the United States.

1. Request for Substantive Examination

In Japan, a request for substantive examination must be filed within three years from the filing date. If a request is not filed within this period, the application is deemed withdrawn.

2. Patent Eligibility

In Japan, if an invention recited in the claims involves information processing by software that is concretely realized using hardware resources, it is considered a creation of a technical idea utilizing the laws of nature and is therefore patent-eligible.

 Based on our experience, software- and business model-related inventions are generally more likely to be considered patent-eligible in Japan than in the United States.

 3. No IDS Requirement

Japan does not have a system equivalent to the Information Disclosure Statement (IDS) required in the U.S.

 4. No RCE System

Japan does not have a system equivalent to the U.S. Request for Continued Examination (RCE).

If you receive a Decision of refusal, which corresponds to a Final Rejection in the United States, you must file an appeal (Request for a trial against an examiner’s decision of refusal) or file a divisional application.

Japanese Patent Attorney
Yosuke Katsumi