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YOUR QUESTION
APA Instant Quote System
For which countries/regions does the Instant Quote System provide a cost estimate for filing a patent application there?
The APA Instant Quote System can be used to calculate the cost of filing a national phase patent application in China, Japan and South Korea. You can get an instant quote on the interface by entering your PCT number. If you wish to receive a cost estimate in any other Asian countries/regions (Taiwan, Hong Kong, India, Vietnam, Thailand, Malaysia, Singapore, Indonesia), you may select any of them and enter your email address, we will provide you with the details via email in a short time.
What do I need to provide for getting a quote for filing a patent in one or more countries? Do I have to sign up for a membership to get a quote?
Our system does not require you to sign up. Currently the system accesses PCT applications to provide cost of filing a national phase application in China, Japan and South Korea. When you need a quote, all you need to do is enter your PCT number and select the country or countries where you want to file the national phase application.
What services are included in the Instant Quote system when I enter a PCT number?
The quoted cost is a total cost for the filing phase of the national phase application. The services covered by the fee include –Appointment of an attorney at the National Patent Office; –Translation of the application document from English to local language (Chinese, Japanese, Korean); –Drawing of figures included in the PCT application; –Preparation and formatting of the application documents; –submitting the application to the national patent office; –payment of appropriate government fees (application fee, claims fees, page fees, etc.); –Reporting to the client with the filed national phase application.
What is the basis for the calculation of the quote?
The calculation is based on the WIPO database (number of words, claims, drawings) when you entered a PCT number, and the filing fee is also based on our competitive local agent fees. There may be a slight difference between the actual fees required and the cost of filing, as the latter is a mechanical calculation. We will send you a formal estimate when you request to proceed to the next step.
What other costs may be associated with the patent process?
APA’s instant quote system provides an apparent cost for the filing stage of obtaining a patent. The process of obtaining a patent may involve several steps after the application is filed until the patent is issued, which may take years. Fees associated with subsequent steps after filing, such as requesting substantive examination, responding to office actions (rejection notices), responding to final rejections, and finally filing fees will occur throughout the process.
What are the differences between APA Instant Quote System and an email quote from a local attorney? Or what are the advantages of APA Instant Quote System?
APA Instant Quote System provides filing fees for most countries while not requiring users to register. You do not have to contact many local attorneys in each country, you either do not have to compare to get a cost-saving plan. The system provides you with a cost-saving quote based on APA’s rich reserve of local providers who provide services with special discounted fees for cases ordered through the APA system.
How do I proceed after receiving a quote?
Just click the “Place Order Now” button if you want to proceed. There is also chat board on the interface for you to ask questions, you will be replied timely.
APA Organization
Who is Asia Patent Alliance (APA)?
Asia Patent Alliance was established in 2002 and is managed by Tsubame IP Law Firm (Japan) to serve clients from countries outside of Asia who are interested in obtaining intellectual property rights in Asian countries. It is an alliance of several local attorneys in China and South Korea and the representative office of Tsubame IP Law Firm in Japan.
Where is APA located in? Can I have a visit to the office?
APA, the company is registered in Hong Kong, but is operated by a team of members living in Japan, China, Korea and Singapore. APA’s billing address is in Hong Kong, while its mailing and visiting address is in Tokyo, the same as that of Tsubame IP Law Firm.
How many employees do you have?
Tsubame IP Law Firm owns a team of 30 people, of which 6 people are serving for APA’s clients, they are of native speakers of English, Japanese, Chinese, Korean, German and French, most of them are able to speak 3 languages to provide smooth service as a go-between for clients from different language region.
How many applications have you handled?
We have handled thousands of IP cases (patents, designs, trademarks) since APA was founded. In the last 3 years, APA has been handling about 100 new patent applications per year.
What are the benefits of using APA?
With APA’s one-stop services, you do not have to contact many local attorneys in each Asian country, you either do not have to compare to get a cost-saving plan. APA has a strong team of native speakers of various languages and a rich reserve of local suppliers who provide special discounted fees for cases handled by APA, simplifying your management of IP matters in Asia to save your time and cost.
Responding to rejections is recognized as the most difficult part of the patent process. Each national patent office examines a patent application in its own way. When multiple national applications of a PCT are handled by APA, and when office actions are received in different countries, we are able to integrate everything to provide an appropriate response to each office action. Payments are also simplified because we are the single point of contact for your multiple applications in Asia. You do not have to pay in different channel for each application, all could be integrated in one payment for your site.
Who is the Asia Patent Alliance?
The Asia Patent Alliance (or APA) is an alliance between three firms with offices in Japan, China and Korea. The Tsubame office in Japan acts as the representative office, coordinating operations for all three countries.
Tsubame (Japanese patent attorney office)
Obtaining a Patent Right in Japan
How to Transfer a Patent Right?
In Japan, a deed of assignment signed by the assignor and a PoA signed by the assignee are required to transfer a patent right. All documents are required in hard copy with original ink signatures.
In China, a Deed of Assignment signed by the assignor and a PoA signed by both are required for the transfer of a patent right. A scanned copy of the documents signed in ink is sufficient.
In Korea, the following documents are required to transfer a patent right:
① A Deed of Assignment (The document must be notarized by a notary public.)
② A power of attorney signed by the assignor with a certificate of corporate nationality of the assignor. (The document must be notarized by a notary public).
③ A power of attorney signed by the assignee.
When can I file a national patent application in Japan, China, and Korea?
For PCT national phase application:
Japan: within 30-months from the first priority date, Japanese translation could be filed in later 2-months after the national phase application is filed;
China: within 30-months from the first priority date, 32-months is allowed by paying surcharge of later filing fees, Chinese translation of the application must be filed together with the national phase application form.
Korea: within 31 months from the first priority date. Normally, Korean language translation of the application must be filed together with the national phase application form. The translation could be filed no later than 32 months after an extension request filed in the last month before the 31-month deadline.
For patent applications claiming Paris Convention priority:
Japan: The application form with the original language of the application must be filed within 12 months from the priority date, the Japanese translation of the application could be filed within 16 months from the priority date.
China: Application must be filed within 12-month period with Chinese translation of the application.
South Korea: Application must be filed in 12-month deadline, it could be filed with specification in Korean language, or the application could also be filed with specification in English language, while the Korean language of the same must be filed in 12-month from the priority date.
When can I request examination of a patent application in Japan, China, and Korea?
Japan: Within 3 years from the filing date (3 years from the international filing date for PCT applications, 3 years from the Japanese filing date for a patent application filed under the Paris Convention).
China: Within 3 years from the filing date or from the date of first priority, if priority is claimed.
South Korea: Within 3 years from the filing date of the application. (3 years from the international filing date for PCT applications, 3 years from the Korean filing date for a patent application filed via the Paris Convention)
When can I voluntarily amend my patent application in Japan, China, and Korea?
In Japan, voluntary amendment is allowed before the first examination report is issued. If voluntary amendment is desired, it is recommended to file it at the time of requesting examination.
In China, the last opportunity to file a voluntary amendment is in the period of 3 months from the date when an official notice informing the applicant of the commencement of the examination stage is issued.
In South Korea, voluntary amendment is allowed before the first examination report is issued. If voluntary amendment is desired, it is recommended to file it at the time of requesting examination.
How long does it take for the Patent Office to review a patent application?
For recent years,
In Japan, it usually takes 12-18 months to receive an initial examination report after the examination request is filed.
In China, it takes 18-30 months to receive an initial examination report after the examination request is filed.
In Korea, it takes 18-30 months to receive an initial examination report after the examination request is filed.
There are policies for accelerated examinations in each country, please click chat board or contact info@asiapatent.net to get details.
What is the time limit for responding to an office action issued by the National Patent Office?
In Japan, the time limit for responding to an office action is 3 months from the date of issuance of the office action. This period can be extended twice for a total of 3 months.
In China, the time limit for responding to the first office action is 4 months from the date of issuance of the office action, and the time limit for responding to the second office action is 2 months. Each period may be extended by 2 months.
In Korea, the time limit for responding to an office action is 2 months from the date of issuance of the office action. The period can usually be extended for 4 months.
When Can I File a Divisional Application?
In Japan, a divisional application may be filed during the amendment period. The last chance to file a divisional application is after the receipt of the Notice of Allowance but before the payment of the registration fee of the parent application, or within 3 months after the issuance of a decision of rejection of the parent application.
In China, divisional applications may be filed while the parent application is pending and until the expiration of the two-month period (i.e., the deadline for registration procedures) from the date on which the applicant receives the notice of decision to grant a patent; or within 3 months from the date of receipt of the notice of refusal. It is also possible to file a divisional application after filing a request for appeal or even during the period of a lawsuit to revoke the appeal decision.
In Korea, a divisional application could be filed during the period available for amendment. The last opportunity to file a divisional application is after receipt of the allowance decision but before payment of the registration fee for the parent application.
What is required to obtain the patent right after receiving the grant notice?
In Japan, upon receipt of the notice of grant of a patent, the applicant must pay the annuities for the 1st-3rd year within 30 days to register the patent right.
In China, upon receipt of the notice of grant of a patent, the applicant must pay the annual fee for the year calculated from the filing date of the application within a period of 2 months from the issuance of the notice of grant.
In Korea, upon receipt of the notice of grant of a patent, the applicant must pay the annuities for the 1st-3rd years within 3 months for the registration of the patent right.
How long does a patent right last?
In Japan, after a patent right is registered, its term of protection is 20 years from the application filing date (from the PCT filing date for a PCT national phase application), subject to the payment of annual fees.
In China, after the patent right is registered, its term of protection is 20 years from the application filing date (from the PCT filing date for a PCT national phase application), subject to the payment of annual fees.
In South Korea, after the patent right is registered, its term of protection is 20 years from the filing date of the application (from the PCT filing date for a PCT national phase application), subject to the payment of annual fees.
Can a foreign patent owner pay maintenance fees directly to the Patent Office of Japan, China, and Korea?
Normally, foreign patent owners residing outside the above-mentioned countries cannot pay maintenance fees directly to the patent offices. They can pay through a local attorney registered with the national patent office.