Important changes in Japanese Patent Law concerning PCT national phase deadline (as of September 1, 2002)


While the modification concerning the time limits under PCT Article 22 (1) took effect on April 1, 2002, a number of countries, including Japan, had not accepted the modification of extending the time limit for entering a national phase to 30 months and required a filing of a Chapter II demand.  However, as of September 1, 2002, the Japanese Patent laws concerning this matter has been revised as follows: 

            I. For every PCT international application, if the period of 20 months from the priority date does not expire before September 1, 2002, the time limit is automatically extended to 30 months without a filing of a Chapter II demand.   

            II. A Japanese translation of a national application can be filed within two months from the date of entering the Japanese national phase, as long as the time limit for entering the Japanese national phase does not expire before September 1, 2002.  Please note that a request for national entry has to be filed with the Japan Patent Office on and before the deadline for national phase processing. 

            For further information concerning the modification of the time limits, please go to http://www.wipo.int/pct/en/index.html.

(Posted September 1, 2002)