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FOR FOREIGN PATENT COUNSEL & IN-HOUSE IP TEAMS

Japan Patent Office Action Response
& PCT National Phase Entry

Fixed-fee handling of Japanese national phase entries, Notices of Reasons for Refusal, Decisions of Refusal and missed-deadline restorations — reported in English by JPA-registered patent attorneys (benrishi).

📋 Assessment & fixed-fee quote within 1 business day 🌐 Working language: English ⚖️ Patent administrator for foreign applicants

Which situation are you in?

Japanese patent prosecution has short, non-extendable-looking deadlines that are in fact extendable — and generous-looking periods with hidden traps. Pick the situation that matches your file; each card links to our detailed guide.

🗓️

Entering the Japanese national phase

  • 30 months from the priority date; national form plus Japanese translation
  • Translation special period of 2 months if the national form is filed within the last 2 months
  • Multi-multi claims must be restructured for international filing dates on or after April 1, 2022
  • Examination request within 3 years of the international filing date
National phase entry guide →

📨

Received a Notice of Reasons for Refusal

  • 3 months from dispatch for overseas applicants (60 days domestic)
  • Extensions before and after expiry (see table below)
  • Response by ground: inventive step, new matter, Art. 36, eligibility, multi-multi
  • After a "final" notice, amendments are limited to four categories
Office Action hub →

⚖️

Received a Decision of Refusal

  • Appeal within 3 months + 60 days ex officio for overseas applicants
  • Appeal with amendment → pre-appeal reexamination by the examiner
  • Divisional within the same period (extended in step, Art. 44(6))
Decision of Refusal: three options →

🚨

Missed a deadline / no Japanese representative

  • Restoration under the "unintentional" standard since April 2023: 2 months from discovery, within 1 year, JPY 212,100
  • Patent administrator must be appointed within 3 months after the national processing standard time
  • JPO notice → 2 months → deemed withdrawal if still unappointed
Restoration guide →

Deadlines at a glance (overseas applicants)

StepPeriod / feeSource
PCT national phase entry30 months from the priority date; translation special period 2 months (national form filed within the last 2 months)Patent Act Art. 184-4(1)
Response to Notice of Reasons for Refusal3 months from dispatch (domestic: 60 days)Formality Examination Manual 04.10
Extension requested before expiry+2 months, then +1 month for overseas applicants; JPY 2,100 per requestJPO extension practice (from April 2016)
Extension requested after expiryWithin 2 months of the original deadline: +2 months, JPY 51,000; not available if an extension was already requested before expiry or a response was filedJPO extension practice (from April 2016)
No responseDecision of Refusal (not withdrawal)Arts. 49, 50
Appeal against Decision of Refusal3 months from service + 60 days ex officio for overseas applicantsArt. 121(1); Art. 4; Manual 04.10
Divisional after Decision of Refusal3 months from service, deemed extended in step with the appeal periodArt. 44(1)(iii), 44(6)
Restoration after missing the 30-month deadline2 months from becoming able to act, within 1 year; JPY 212,100; "unintentional" standardArt. 184-4(4); JPO relief guidance
Patent administrator (no Japanese representative)Within 3 months after the national processing standard time; JPO notice → 2 months → deemed withdrawalArt. 184-11; Regulation Art. 38-6-2

Two clocks after a Decision of Refusal

The appeal and the divisional are separate filings with separate fees, even though the periods coincide. Send us the notice and we will compute both dates from the service date and confirm them in writing before you docket.

How we work with foreign counsel

One contact, written English. A patent attorney reads the notice, reports the grounds and the deadline in plain English, and proposes options with a fixed fee for each.
Fixed fee per response. Quoted after reading the notice and the claims on file, before you instruct. JPO official fees are passed through at cost.
Patent administrator. We appoint ourselves as patent administrator for applicants who entered Japan without local counsel, so notices reach a Japanese address and can be acted on in time.
Translation with review. Machine translation plus benrishi review for the specification; claims are checked word by word against the original, because Art. 36 clarity objections are usually translation-caused.
Examiner interviews. Where an amendment is likely to be accepted, we request an interview or phone call with the examiner before filing the response.
Ground-by-ground playbooks. Inventive step, new matter, Art. 36, eligibility and multi-multi objections each have a published guide on this site; the response follows the same framework.

What to send us

You can upload the notice directly in the form below. The more of the following we receive, the more precise the first reply:

  • The JPO notice (PDF) — Notice of Reasons for Refusal, Decision of Refusal, or the notice to appoint a patent administrator
  • Application number or PCT number, and the date on the notice
  • The claims currently on file in Japan and the original-language claims
  • Cited documents, if you already have them, and any response filed in another jurisdiction on the same family
  • Your preferred outcome (broad claims vs. quick allowance) and any budget limit

What you receive within one business day

The deadline as we compute it (including extension routes), the grounds in plain English, our recommended option and alternatives, and a fixed-fee quote. No charge for the assessment.

Fees

Attorney fees are quoted as a fixed amount per response, appeal or entry after we have read the notice and the claims on file. JPO official fees are charged at cost; the amounts most often relevant to overseas applicants are the extension fees (JPY 2,100 before expiry; JPY 51,000 after expiry) and the restoration fee (JPY 212,100). For national phase entry, our cost breakdown is published in the national phase entry cost guide; for examination-fee reductions available to foreign SMEs and universities, see the power of attorney, official fees and fee reductions guide.

Frequently asked questions

Does my client need a Japanese representative?
An applicant residing outside Japan may enter the national phase without a Japanese representative up to the national processing standard time (Art. 184-11(1)). After that, a patent administrator domiciled in Japan must be appointed and notified to the JPO within 3 months; if the JPO then issues a notice and no appointment follows within 2 months, the application is deemed withdrawn. Any Office Action after entry can only be answered through a Japanese representative. We act as patent administrator for foreign applicants.
Can you take over a case that another firm or the applicant entered?
Yes. For ordinary prosecution steps the JPO does not require a power of attorney to be filed; for an appeal against a Decision of Refusal a signed power of attorney is required. No notarization or legalization is needed. Send us the notice, the application number and the claims currently on file and we will report the deadline and options within one business day.
How long do we have to respond to a Notice of Reasons for Refusal?
Overseas applicants have 3 months from the date of dispatch (domestic applicants: 60 days). Before expiry the period can be extended by 2 months (and by a further 1 month for overseas applicants) on request; after expiry a response can still be filed within 2 months of the original deadline, with a further 2-month extension available for JPY 51,000, provided no extension was requested before expiry and no response was filed. Missing the period entirely leads to a Decision of Refusal, not withdrawal.
What is the deadline after a Decision of Refusal?
An appeal to the JPO Trial and Appeal Department must be filed within 3 months of service (Art. 121(1)); for overseas applicants the JPO extends this ex officio by 60 days. A divisional application may be filed within the same 3-month period, which is deemed extended by the same 60 days (Art. 44(6)). Filing the appeal together with an amendment triggers pre-appeal reexamination by the examiner (Arts. 162, 163).
We missed the 30-month deadline. Is the application lost?
Not necessarily. Since April 1, 2023 the Japanese translation may still be filed with a statement of reasons unless the failure was intentional, within 2 months of the date the applicant became able to act and no later than 1 year after the 30-month period, with a restoration fee of JPY 212,100 (Art. 184-4(4)). Act within 2 months of discovering the miss.
Do you handle software, AI and business-method inventions?
Yes. Rejections under Art. 29(1) main paragraph ("not an invention") are answered by showing that the information processing is concretely realized by hardware resources, as required by the Examination Handbook, and by recasting claims where necessary. See our guide on the hardware-resource test for the framework we apply.

Send the notice — get a deadline check and quote

Upload the JPO notice (PDF) and tell us the application number. A patent attorney replies within one business day.

Send Case Details

Deadlines and fees above are stated as of September 2026 from the Patent Act, the Formality Examination Manual 04.10 and JPO practice notices; they are general information, not legal advice on a specific case. Every deadline is confirmed in writing from the notice itself before you rely on it.