When can I Amend the Claims in Japan?

Publication
Published
February, 2026
Practice Area
Author

Brief Summary

  • In general, you can amend the claims at the following times:
    1. before issuance of an Office Action
    2. within the response period to an Office Action
    3. at the same time as an appeal to a Decision of Rejection
  •  You can make corrections (post-grant amendments) after grant

The applicant can amend the claims at any time before an Office Action is issued.
The amendment restrictions are as follows:

  • Addition of new matter is prohibited.

After an Office Action has been issued, amendments can only be made within the following timeframes:

  • The response period to the Office Action
  • The same time as the filing of an appeal to a Decision of Rejection

The amendment restrictions are as follows:

  • In response to a non-final Office Action: addition of new matter and shift amendments are prohibited.
  • In response to a final Office Action: addition of new matter and shift amendments are prohibited and amendments are limited to specific purposes.
  • At the same time as an appeal: the same as for a response to a final Office Action.

After allowance, the applicant can make corrections, i.e., post-grant amendments, to the claims.
Corrections (post-grant amendments) will be explained in another article.


Details for each factor will be covered in separate articles.

For updates on new practical tips and upcoming webinars, please follow our official LinkedIn page, where we regularly share insights on Japanese IP practice.