Extending the Procedure Period of Time Affected by the 2011 Tohoku District - off the Pacific Ocean Earthquake (2nd Report)

March 18, 2011

Japan Patent Office

The Japan Patent Office (JPO) would sincerely like to express our heartfelt sympathy to all the victims who have suffered damage by the 2011 Tohoku District - off the Pacific Ocean Earthquake.

Since March 11th, the JPO have been receiving from applicants and representatives a large number of inquiries about the application or trial procedures of patents, utility models, designs and trademarks - i.e. about how the JPO deals with the difficult situation created by the earthquake where they are unable to take appropriate procedures within a specified period of time. Answering the inquiries, the JPO announces that the following measures can be taken by those applicants and representatives.

“The 2011 Tohoku District - off the Pacific Ocean Earthquake” was designated as a Specified Disaster in compliance with the provision set out in Article 2-1, the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster (Law number 85, 1996).

Accordingly, a procedure period of time affected by the said earthquake can be extended by making a request for extension in compliance with the provision set out in Article 3-3, the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster.

1. What kind of people is targeted for this measure?

Such cases, as follows, where people suffered damage by the 2011 Tohoku District - off the Pacific Ocean Earthquake are unable to take any actions necessary to proceed with their applications within the predefined period of time, can be targeted for the measure.

In this connection, where you want to make sure in advance of whether or not your case can be accepted, you are kindly requested to submit a written statement filled out as in Attachment 3. The JPO will then inform you/the requester of whether or not your case is accepted for this measure.

○Direct cases:

Where applicants or representatives have suffered damage by the earthquake and become incapable of following necessary procedures.

○Secondary cases:

Where applicants or representatives have become incapable of proceeding with the matters concerned due to unexpected but not direct reasons caused by the earthquake, and thus totally failed in taking necessary procedures within a predefined period of time.

2. What kind of procedures is targeted for this measure?

Those procedures described in Attachment 1 are targeted for this measure.

All the listed procedures of (a) to (l) in the first report dated March 14, 2011, are included.

3. What kind of method should be taken in terms of taking advantage of this measure?

Individual request actions for this measure are not necessary. As to the procedures affected by the earthquake, as described in Attachment 2, the reason why the procedures were not completed should be mentioned in the section of “Other” on the procedure form.

Where a reason of the procedure failure in two or more cases is identical and the reason is already described in the said procedure form, the content of the request such as a phrase “as described in the written amendment of the patent application number xx-xxxxxx filed on xxx xx, 2011” should be mentioned in the section of “Other”.

4. To what extent is the procedure period of time extended by taking this measure?

○Direct cases:

The expiry date of the period of time is extended till the extended date (August 31, 2011) set by the government ordinance (Ordinance No. 19, 2011).

○Secondary cases:

The day after 14 days* from the day when the reason for not having completed the procedure is cancelled shall be the expiry date of the period of time. (*Where exceeding August 31, 2011, the expiry date shall be August 31, 2011.)

Attachment 1  List of targeted procedures

Attachment 2  An example of the written amendment<PDF 106KB>

Attachment 3  An example of the written statement<PDF 74KB>

※Contact the JPO when the situation does not allow you to prepare documents.

 

 

[Last updated 28 April 2011]