ホーム > English > Q59. Procedures for Grace Period

Q59. Procedures for Grace Period

Q59. Procedures for Grace Period
 Explain procedures required to receive grace period.

A59. Patent Law Art.30(1) and (4) defines as follows:
(1) The patent application must be filed in Japan within 6 months from the date on which the inventor makes the presentation of the invention, even when the application claims convention priority;
(2) A written statement to seek protection by the grace period must be submitted simultaneously with the filing of the application; and
(3) A certificate proving the fact of the presentation of the invention must be filed with the JPO within 30 days from the filing date.
 If the application is filed as a PCT international application designating Japan, the applicant can also enjoy the benefit of the 6-month grace period as long as the PCT application is filed within 6 months from the presentation of the invention [the Patent Law Art.184-14]. In this case, the written statement and the certificate must be submitted to the JPO within 30 days after expiration of the 30-month period from the priority date (or within 30 days from the date on which a request for examination is filed, when the request for examination is filed within the 30-month period).