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Update:01/29/2020

How to Get a Japanese Patent, Part 1

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What sort of a foreign language is acceptable for a patent application in JPO?

By Yukihiro Tsuchida

Can an applicant file the specification, claims, abstract, and drawings, referred as the specification, in the foreign language aside from PCT case?  That answer is “yes”.  Most of the applications filed to JPO are written in Japanese or English, nevertheless JPO accepts the specification written in any foreign language.  To put it differently, the applicant can file the patent application written even in a very minor language.  However, the application must be written in Japanese in itself.

Filing the Translations

After filing the application, the applicant must file the translation of the specification within 16 months from the filing date.  In case the application has a priority date, the translation must be filed within 16 months from the earliest priority date.  The period to file the translations can’t be extended, and the application shall be withdrawn after the notification from JPO if the applicant doesn’t file these translations.

The Correction of a Mistranslation or an Incorrect Translation

When the applicant finds the mistranslation in the specification, they can correct it by submitting the correction with stating the reasons for correcting mistranslation in the specific period in which the applicant can amend the claims with the additionally official fee.
Some of the patent applications in English filed to JPO are written not in English originally but in other foreign language except English. That is, the application written in other foreign language translated into English due to various reasons, and these are filed to JPO as the applications for Japan. The mistranslations can be highly included in them since the original foreign language is translated into Japanese not directly but via translated English. If the applicant files the patent application with their original language, they may be able to decrease such mistranslations and correct the mistranslations with the translation they want to express on the basis of their original language.

To learn more about the mistranslation, see JPO website.

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