Frequently Asked Questions

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.

While the APA was established in 2008, all member firms have a long reputable history in their respective countries.

We have had more than 50 applications every year, with this set to grow as our operations expand.

No, we have an equal number of applications in each field.

While we provide assistance in all fields, some firms specialize in certain areas. For example, the Japanese office specializes in technologies such as biotechnology, communication technology, and chemistry, as well as business models and infringement.

This has never been an issue for us in the past, as we have an established system for parceling out the work. However, if we receive applications that are exceptionally similar and the client wishes it, we will introduce them to another firm.

There are three main benefits:

1. Increased productivity
2. Reduced costs for both you and your clients
3. Increased accuracy with procedures and active sharing of knowledge When you take advantage of our services you deal with a single office in a single location. We, at the Tsubame office in Tokyo, Japan, field your requests and enquiries and manage the co-ordination of filing in all three countries (Japan, China and Korea). We collect the necessary forms and send them to you in a single batch. So, for example, all the documents for signing arrive in your inbox at the same time and can be posted back to a single address. Requests and payments can also be covered by a single transaction
   
   The firms which make up the APA all offer their services at the firm's lowest rates and are thus very competitive. If you find a firm offering lower rates than us, please let us know and we will take this into consideration. And, because our fees are fixed, you can confidently inform your clients about the costs associated with filing a patent application. The costs associated with international transfers are also reduced by a third.
   
   

   • Each document is checked twice for increased accuracy, by two separate offices.
   • Enjoy faster processing times, with our strategic advantage for pushing your patent through to registration.

When you use the APA there is a 10% discount on attorney fees for the Japanese office. While there is no discount with the Chinese and Korean offices APA clients do get preferential treatment for additional procedures. For example, if the deadline to file the PoA must be extended, attorney fees will be waived for APA clients. In addition you can save on transfer fees as well as enjoying a volume discount when you submit 10 or more applications a year.

In cases where there is a large volume of applications or when certain criteria are met, we do consider discounting. Alternatively, show us a lower priced quote from a competing firm and we will match it.

Yes, although we do recommend going through a local attorney for two reasons. Firstly where cases are received from a representative attorney, payment does not have to be made until after our services have been completed. Secondly, all APA correspondence will be in English, so you may require a local attorney to translate.

Interviews are available at our Tsubame Patent Attorney office in Tokyo, Japan. We have staff who are fluent in Japanese and English.

Tsubame offers total support, from assistance with invention construction to intellectual property consultation. Our major client for patent services is the communications division of Japan's public research institute. We have more than 500 clients who we do trademark work for. For design applications, our strong relationship with our sister patent illustration firm enables us to provide high quality figures.

Patent, utility patent, design patent, and trademark law as well as unfair competition prevention law and injunctions against purchase of infringing goods relating to brand and trade secret protection.

Approximately 100 patents every year.

All of our staff members have had over 10 years of experience in the field they specialize in.

We currently have 11 staff members.

Currently, one registered attorney is a part of our team (Dr. Itsuki Shimbo, Ph.D.). Dr. Shimbo's specialty is biotechnology patents and technology transfer, with a doctorate in both of these fields.

Elisabeth Heinz is fluent in English, Japanese and German.

This answer varies depending on what firm you choose. The scale or construction of a firm differs from its ability, which can make choosing the right firm extremely difficult for foreign applicants. Because many overseas clients often choose a renowned firm, they may have a mistaken impression of filing in Japan.

When it comes to filing your application, it does not matter which firm you choose, but to ensure a wide range to the rights of your invention, Tsubame is the best choice.

Due to Tsubame's unique method of responding to Office Actions, we are able to achieve success in our patent filings that is unrivaled by any other firm.

Not compared to fees in the U.S. and Europe.Tsubame's offers an easy-to-follow fee schedule. Thus requests can be made without any worry of hidden or miscellaneous fees. Considering the quality of our work, we believe our fees our extremely good value. We use the best patent translation company in Japan and thoroughly proof each application before filing.

The substantive examination period has recently been shortened in Japan, with the first notification usually received within 2 years. Even if the notification received from the JPO is an Office Action, Tsubame's unique method of response enables us to register in a shorter amount of time.

Additionally, you can request an accelerated examination, which reduces the timeframe by about a year.

Japan

• The Application (Submission Document, Specifications, Claims, Abstract, Figures and the Priority Document)
• Search Report and cited references
• Documents filed as intermediary procedures, if applicable (e.g. Article 19 Amendments toward the search report and an explanation, Article 34 Amendments towards the preliminary examination and the written reply)
• Any amendments to be made at the time of the national phase filing

China

• The Application (Submission Document, Specifications, Claims, Abstract, Figures and the Priority Document)
• Search Report and cited references
• Documents filed as intermediary procedures, if applicable (e.g. Article 19 Amendments toward the search report and an explanation, Article 34 Amendments towards the preliminary examination and the written reply)
• Any amendments to be made at the time of the national phase filing
• A Signed Power of Attorney (copies not permitted)

Korea

• The Application (Submission Document, Specifications, Claims, Abstract, Figures and the Priority Document
• Search Report and cited references
• Documents filed as intermediary procedures, if applicable (e.g. Article 19 Amendments toward the search report and an explanation, Article 34 Amendments towards the preliminary examination and the written reply)
• Any amendments to be made at the time of the national phase filing
• A Signed Power of Attorney (copies not permitted)

If the application number is provided, we can obtain most of the filed documents and the search report. The cited references from the search report can also be sent at a later date.

Translations of the documents that have been filed and intermediary procedures such as Article 19 Amendments, explanation, Article 34 amendments, and the written reply are required, but will be prepared by us.

Japan

• The application (if an abbreviation, the formal request): As a rule, approximately 10 days before the deadline. For an additional fee we can accept requests made up to the deadline.
• Search report (abbreviation allowed) and cited references: As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Documents filed as intermediary procedures (if applicable): As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Any amendments to be made at the time of national phase filing: As a rule, 10 days before the deadline. Submission after national phase entry is also possible (amendments may be submitted after the translation has been submitted to the substantive examination stage, either until the grant of the patent or the issuance of the first Office Action).
• Translation of the Application and Article 19 or Article 34 Amendments filed as intermediary procedures: the deadline is 2 months from national phase entry (32 months from the priority date at the latest). Please note that we will provide all translations for you.

China

• The application (if an abbreviation, the formal request): As a rule, approximately 10 days before the deadline. For an additional fee, we can accept rush-orders up to 5 days from the deadline.
• Search report (abbreviation is possible) and cited references: As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Documents filed as intermediary procedures, if applicable: As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Any amendments to be made at the time of national phase filing: As a rule, 10 days before the deadline. Submission after national phase entry is also possible (amendments may be submitted from after the translation has been submitted to the substantive examination stage, either until the grant of the patent or the issuance of the first Office Action).
• Translation of the Application and Article 19 or Article 34 Amendments filed as intermediary procedures: translations must be filed at the national phase filing deadline (30 months from priority date), however because a 2 month extension of the deadline is possible, submission can be up to 32 months from the priority date. Please note that we will provide all translations for you.
• A Signed Power of Attorney (a copy will not be accepted); 10 days before the deadline (because the PoA must first be mailed to the Tsubame Patent Attorney Firm and forwarded to China via EMS, last minute submissions cannot be accepted). Submission up to 2 and a half months after national phase entry is possible (if the PoA is not filed, approximately one month after filing a Notification to Amend will be issued, and submission up to 2 months after this notice is possible). Amendment fees are approximately JPY 15,000. If the PoA is still not received by SIPO after the initial 2 months, a second Notification is issued, giving a 2 month extension, therefore making the deadline 4 and a half months after the national phase entry. In this situation an extension fee of approximately JPY 30,000 is incurred. If the PoA is not submitted, the application will be rejected.

Korea

• The application (if an abbreviation, the formal request): As a rule, approximately 10 days before the deadline. For an additional fee, we can accept rush-orders up to 5 days from the deadline.
• Search report (abbreviation is possible)and cited references: As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Documents filed as intermediary procedures, if applicable: As a rule, 10 days before the deadline. Submission after national phase entry is also possible.
• Any amendments to be made at the time of national phase filing: As a rule, 10 days before the deadline. Submission after national phase entry is also possible (amendments may be submitted from after the translation has been submitted to the substantive examination stage, either until the grant of the patent or the issuance of the first Office Action).
• Translation of the Application and Article 19 or Article 34 Amendments filed as intermediary procedures: translations must be filed at the national phase filing deadline (31 months from the priority date). Please note that we will provide all translations for you.
• A Signed Power of Attorney (a copy will not be accepted); 10 days before the deadline (the PoA must first be mailed to the Tsubame Patent Attorney Firm and forwarded to our Korean office via EMS, where it must be received at least 2 days before the national phase deadline). Submission up to 1 month after national phase entry is possible (if the PoA is not filed, a Notification to Amend will be issued any time from a few days after national phase entry to months after. The PoA must be submitted within a month after the Notification has been issued. Amendment fees are approximately JPY 20,000. If the PoA is still not received by KIPO, the deadline can be extended up to 5 months (at the examiner's discretion). Extension fees are approximately JPY 20,000-40,000 per month. If the PoA is not submitted at all, the application is rejected.

Yes. Please note that formatting fees are still charged even if you do your own translation. Fees are approximately JPY 7,000 per page. These fees can be waived if you wish to file the translation without any proofing (not recommended).

Japan
Documents are usually sent out the day after filing.

China
Because documents filed with the SIPO are not issued until approximately a month after they are submitted, most documents cannot be expected until about 2 months after filing.

Korea
Documents are usually sent out within one month of national phase filing.

Payment is requested within 30 days of the invoice been issued. Please note that in situations where requests are made directly, and not through a representative attorney, we require payment upfront.