Submission of Information by Third Parties
(General)
Any third parties may submit information for denying the patentability of claimed invention on a patent application or utility model application at any time after filing the application. Though the information may be submitted even after a grant of the patent or the utility model application, the information is NOT capable of using for examination BUT simply included in the file wrapper. As a result, the information submitted after the grant may be useful as material for making invalid the patent or utility model registration.
(How to submit)
The submission of information may be submitted on an anonymous basis. However, in such a case, Japan Patent Office does not send any one a notice announcing if the information was used for the examination. The information may include not only publications but also explanation of no patentability. Generally to say, the third parties submit both prior art publications and explanation why the claimed invention is not patentable in view of the publications.
(Reject reasons)
The third parties may submit the information showing any kinds of reject reasons. The information includes one certificating no novelty, no inventive step or no clarify of claimed invention, no enablement, new matter amendment, etc.
(Fee)
Japan Patent Office requires no office fee for submission of the information by third parties.