Important Notice: JPO Measures for Procedures affected by COVID-19, Announcement on April 3, 2020

The Japan Patent Office (JPO) is open for all procedures, including electronic filings, but made the following announcement regarding the handling of applications for patents, utility models, designs and trademarks affected by COVID-19.

 

 

I. Periods designated by examiners

In case it was unable to proceed with applications or trials pending before the JPO within the designated period due to COVID-19 infection, such procedures shall be treated as valid even after the expiration of the term when a document explaining the circumstances is submitted and the remedy is deemed necessary.

 

 

II. Legal period

For periods determined by law or ordinance of the Ministry, procedures which could not be completed within the prescribed period due to COVID-19 infection can be taken only during the period for rescue as below.

In such cases, in the same manner as above I, procedures shall be treated as valid even after the expiration of the term when a document explaining the circumstances is submitted and the remedy is deemed necessary.

 

  1. Procedures for which remedy can be granted by proceeding within 14 days

The below mentioned procedures need to be completed within 14 days after it has become possible to proceed with them. For applicants residing abroad, this time period is within 2 months instead of 14 days apart from (7) for which the period is within 1 month.

Please note, however, that the procedures mentioned below need to be taken within 6 months after the prescribed period has elapsed. For (6), this period is within 9 months, for (7), within two months, for (21) and (23), within seven months instead of 6 months.

 

(1) Submission of certificate for grace period

(2) Submission of priority certificate for claiming priority under the Paris Convention

(3) Divisional applications for patent

(4) Conversion from utility model registration application or design registration application to patent application

(5) Patent application based on registered utility model

(6) Application for patent term extension

(7) Procedure relating to patent term extension before Patent Act amendment

(8) Payment of patent/registration fee

(9) Request for refund of paid patent/registration fee

(10) Appeal against decision of refusal

(11) Request for retrial

(12) Request for refund of examination request fee or fee paid by error

(13) Correction of the description etc. of utility model registration

(14) Withdrawal of invalidation trial of registered utility model

(15) Withdrawal of participation relating to refund of participation fee

(16) Request for trial against decision of dismissal of amendment for design and trademark applications

(17) Request for refund of designation fee for international design applications

(18) Submission of certificate in accordance with special provisions for trademark applications

(19) Application for trademark registration after cancellation of international registration

(20) Application for trademark registration after abandonment of Madrid Protocol

(21) Submission of certificate for grace period of PCT applications

(22) Submission of priority documents for claiming priority under the Paris Convention when filing PCT application or patent applications under Article 184-20, Paragraph 1 of the Patent Act

(23) Submission of certificate for grace period of international design applications

 

  1. Procedures for which remedy can be granted by proceeding within two months

The below mentioned procedures need to be completed within two months after it has become possible to proceed with them and within one year after the prescribed period has elapsed.

For (7) to (9), this period is within 6 months after the prescribed period has elapsed.

 

(1) Submission of translation of foreign language patent applications

(2) Examination request for patent applications

(3) Payment of patent/registration fee and surcharge

(4) Submission of translation of PCT application

(5) Appointment of patent administrator for PCT applications

(6) Submission of translation of foreign language utility model applications

(7) Application for trademark registration renewal

(8) Payment of latter half of registration fee and surcharge for trademark

(9) Application for renewal registration of defensive marks

 

  1. Priority claim

The below mentioned procedures need to be completed within two months after the expiration of the period for filing an application with priority claim.

(1) Priority claim based on patent application in Japan

(2) Priority claim under the Paris Convention

(3) Priority claim for PCT applications

 

  1. PCT applications

This procedure needs to be taken as soon as possible after it has become possible. This time period is limited to within 6 months after the expiration of the prescribed period.

(1) Submission of document relating to procedure for PCT applications