Comparing third-party observation procedures in China and Japan

Answer:

Timing: In Japan, observations may be submitted at any time, including after grant. In China, they may be submitted from publication of an invention patent application until grant.

Subject matter: Japan’s system covers patents and utility models, including applications. China’s system covers invention patent applications.

Anonymous submissions: They are permitted in Japan. Chinese rules do not expressly address anonymity, but anonymous submissions are accepted in practice.

Format: Japan uses Form 20 under the Regulations under the Patent Act. China has no prescribed format; in practice, the statement-of-observations format is used.

Official fees: Neither system requires an official fee.

Feedback to the submitter: Japan provides feedback, except for anonymous submissions. China does not provide feedback.

Inspection: Inspection is available in Japan, including online. It is not available in China.