Invitation for Public Comments on Proposed Changes of the Operation Guidelines concerning the Time Limit for Requesting Appeals, where Applicants are Overseas Residents, under the 2008 Revised Patent Act, Design Act and Trademark Act

August 6, 2008
Japan Patent Office

  “The Bill for Partial Amendments to the Patent Act, etc.” was passed in the 169th ordinary session of the Diet and promulgated on April 18, 2008. (Act No. 16 of 2008. Hereinafter referred to as “the 2008 Revision Act.”)
  By the 2008 Revision Act, the current 30-day time limit for filing a request for an appeal against an examiner’s decision of refusal is extended to “3 months” from the date when the certified copy of the examiner’s decision has been served (Patent Act, Design Act and Trademark Act).
  This revision is intended to guarantee a period of sufficient length for an applicant to consider whether to file a request for an appeal, taking into account the content of the examiner’s decision and so forth. Additionally, when filing a request for an appeal against an examiner’s decision of refusal under the revised Patent Act, the amendment of claims, descriptions or drawings is to be done at the same time (as the request for appeal). Currently, the amendment of claims, descriptions or drawings can be done “within 30 days from the date of the request for appeal.”
  The time limit for filing a request for an appeal against an examiner’s ruling to dismiss an amendment (Design Act and Trademark Act) will also be extended to 3 months.
  In this connection, the Japan Patent Office (JPO) has been considering the time limit for filing a request for an appeal for an overseas applicant and has made a draft proposal. Therefore, the JPO would like to invite interested individuals or entities to submit written comments in the following way.

1. Topics on which comments are invited

Proposed Changes of the Operation Guidelines concerning the Time Limit for Requesting Appeals, where Applicants are Overseas Residents, etc., under the 2008 Revised Patent Act, Design Act and Trademark Act

2. Submission of comments

Submit written comments (i.e., opinions with reasons) to:

(1)Post

Appeals Examination Policy Planning Office, Appeals Div., Appeals Dept., Japan Patent Office, 3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan

(2)Facsimile

+81-3-3584-1987

(3)E-mail (Please submit your written comments as an attached file.)

PA6B00@jpo.go.jp

Please note that your opinions or comments cannot be accepted by telephone.

Regardless of the means of submission (post, facsimile, or e-mail), please write “Proposed Change of Operation Guideline Concerning Time Limit for Appeal” as the subject or title.

3. Written comments

Comments must be written in English or Japanese.

Comments must contain reasons for opinions.

The following information must be provided: (i) your name, (ii) contact information (telephone number, facsimile number, e-mail address), (iii) occupation, and (iv) place of employment.

4. Other

Comments received by the JPO will be used as a reference in the determination of final operation guidelines.

Comments (in whole or in part) may be released to the public. However, personal information (i.e., your address, telephone number, e-mail address, etc.) will not be released to the public.

The JPO will not send replies to comments.

5. Date

Written comments must be received on or before September 4, 2008.

Japanese

For additional information, please contact:
Appeals Examination Policy Planning Office,
Appeals Div., Appeals Dept., Japan Patent Office
FAX:	+81-3-3584-1987
E-mail:	PA6B00@jpo.go.jp

[Last updated 6 August 2008]

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