Handling of Procedures Affected by the 2016 Kumamoto Earthquake

April 18, 2016

Japan Patent Office

«Additional matters are added to "(1) Designated time limit."» (updated on April 20)

«Additional matters ((36) and (37)) are added to the procedures to which relief measures can be applied after the lapse of the designated period. » (updated on April 19)

«The following is information for those who are unable to go through procedures for patent, utility model, design or trademark applications, etc. within the prescribed period due to the effects of the 2016 Kumamoto Earthquake that occurred on April 14, 2016.

1. Application

The Japan Patent Office (JPO) is accepting electronic applications as usual.

However, if you are unable to file electronic applications due to the earthquake, please carry out the procedures according to the instructions written in the Emergency Procedures (External link; available only in Japanese as of the present) (excluding PCT international applications).

2. Applications or Trials/Appeals Pending at Japan Patent Office

(1) Designated time limit

If you are not able to carry out the procedures for applications or trials/appeals pending at the JPO due to the 2016 Kumamoto Earthquake within the designated time limit, please promptly carry out the procedures as soon as it becomes possible.

In carrying out the procedures, please attach a document explaining the circumstances that prevented you from carrying out the procedures due to damages caused by the 2016 Kumamoto Earthquake. We shall consider the procedures to be valid even after the lapse of the designated time limit if it is found to be necessary.

The time limit to submit a written opinion in response to a notice of reasons for refusal for a patent application in the process of substantive examination shall be considered the designated time limit, which can be subject to the handling here. On the other hand, the time limit to submit a written amendment in response to a notice of reasons for refusal for a patent application shall be considered the statuary time limit, which will not be subject to the handling here. However, if you are not able to submit a written amendment within the statuary time limit, please consult with us.

(2) Statuary time limit

(a) Procedures to which relief measures can be applied after the lapse of the designated period

For those who are unable to carry out the following procedures from (1) to (37) within the prescribed period designated by Laws and Cabinet Orders due to the 2016 Kumamoto Earthquake, the procedures can be carried out within the following relief periods as set forth in (b).

●（1）Submission of document proving the fact to seek application of exceptions to lack of novelty of invention (Article 30, paragraph (4) of the Patent Act, Article 4, paragraph (4) of the Design Act)
○（2）Submission of translation of foreign language application (Article 36-2, paragraph (6) of the Patent Act)
▲（3）Priority claim based on patent applications (provision in the parentheses under Article 41, paragraph (1), item (i) of the Patent Act, provision in the parentheses under Article 8, paragraph (1), item (i) of the Utility Model Act)
●（4）Submission of a priority certificate -- a certificate about the grant of the right of priority -- under the Paris Convention (Article 43, paragraph (8) of the Patent Act)
▲（5）Priority claims recognized under the Paris Convention (Article 43-2, paragraph (1) of the Patent Act)
●（6）Division of patent applications (Article 44, paragraph (7) of the Patent Act)
●（7）Conversion of application of utility model registration or application of design registration into patent application (Article 46, paragraph (5) of the Patent Act)
●（8）Patent applications based on utility model registration (Article 46-2, paragraph (3) of the Patent Act)
○（9）Request for examination of application (Article 48, paragraph (3), item (v) of the Patent Act)
●（10）Request for registration of extension of duration of patent right (Article 67-2, paragraph (3) of the Patent Act, provisory clause of Article 3 of the Order for Enforcement of the Patent Act)
●（11）Submission of document under Article 67-2-2, paragraph (1) of the Patent Act (Article 67-2-2, paragraph (4) of the Patent Act)
●（12）Payment of patent fees (Article 108, paragraph (4) of the Patent Act, Article 32, paragraph (4) of the Utility Model Act, Article 43, paragraph (4) of the Design Act, Article 41, paragraph (4) of the Trademark Act, Article 41-2, paragraph (4) of the Trademark Act, Article 65-8, paragraph (5) of the Trademark Act
●（13）Request for refund of patent fees (Article 111, paragraph (3) of the Patent Act, Article 34, paragraph (3) of the Utility Model Act, Article 42, paragraph (3) of the Trademark Act, Article 65-10, paragraph (3) of the Trademark Act)
○（14）Delayed payment of patent fees and patent surcharge (Article 112-2, paragraph (1) of the Patent Act, Article 33-2, paragraph (1) of the Utility Model Act, Article 44-2, paragraph (1) of the Design Act)
●（15）Request for appeal against examiner's decision of refusal (Article 121, paragraph (2) of the Patent Act, Article 46, paragraph (2) of the Design Act, Article 44, paragraph (2) of the Trademark Act)
●（16）Request for retrial (Article 173, paragraph (2) of the Patent Act)
○（17）Submission of translation of patent application in foreign language (Article 184-4, paragraph (4) of the Patent Act)
○（18）Appointment of patent administrator of international patent application for overseas resident (Article 184-11, paragraph (6) of the Patent Act)
●（19）Request for refund of fees for request for examination of application or fees paid in excess (Article 195, paragraph (13) of the Patent Act, Article 54-2, paragraph (12) of the Utility Model Act, Article 67, paragraph (9) of the Design Act, Article 76, paragraph (9) of the Trademark Act)
●（20）Correction of Description etc. of an application for utility model registration (Article 14-2, paragraph (6) of the Utility Model Act)
●（21）Withdrawal of demand for invalidation trial of utility model registration (Article 39-2, paragraph (5) of the Utility Model Act)
○（22）Submission of translation of a utility model registration application in foreign language (Article 48-4, paragraph (4) of the Utility Model Act)
●（23）Refund of fees concerning withdrawal of application for intervention (Article 54-2, paragraph (6) of the Utility Model Act)
●（24）Request for trial against examiner's ruling dismissing amendment (Article 46, paragraph (2) of the Design Act applied mutatis mutandis to Article 47, paragraph (2) of the Design Act, Article 44, paragraph (2) of the Trademark Act applied mutatis mutandis to Article 45, paragraph (2) of the Trademark Act)
●（25）Request for refund of individual designation fees for international application (hereinafter referred to as "international design registration application") regarded as design registration application in Japan under Article 60-6, paragraph (1) of the Design Act (Article 60-22, paragraph (3) of the Design Act)
●（26）Submission of certificate to receive special provisions concerning time of filing of trademark application (Article 9, paragraph (4) of the Trademark Act)
○（27）Application for registration of renewal of duration of a trademark right (Article 21, paragraph (1) of the Trademark Act)
○（28）Delayed payment of later installment registration fee and a surcharge (Article 41-3, paragraph (1) of the Trademark Act)
○（29）Application for registration of renewal of duration of a right based on defensive mark registration (Article 65-3, paragraph (3) of the Trademark Act)
●（30）Application for trademark registration after revocation of international registration (Article 68-32, paragraph (6) of the Trademark Act)
●（31）Application for trademark registration after denunciation of Madrid Protocol (Article 68-32, paragraph (6) of the Trademark Act applied mutatis mutandis to Article 68-33, paragraph (2) of the Trademark Act)
○（32）Application for reclassification registration (Article 3, paragraph (3) of Supplementary Provisions of the Trademark Act)
●（33）Submission of document proving the fact to seek the application of exceptions to lack of novelty of invention in international patent application (Article 38-6-3 of Regulations under the Patent Act)
●（34）Submission of priority document certifying a priority claim under the Paris Convention when filing an international patent application or a request under Article 184-20, paragraph (1) of the Patent Act (Article 38-14, paragraph (1) of Regulations under the Patent Act)
●（35）Submission of document proving the fact to seek the application of exceptions to lack of novelty of design in international design registration application (Article 1-2 of Regulations under the Design Act)
▲（36）Priority claim for an international application under Patent Cooperation Treaty (Article 28-3, paragraph (1) of Regulations under the International Application Act)
■（37）Submission of document certifying international application procedures under Patent Cooperation Treaty (Article 73-3, paragraph (1) of Regulations under the International Application Act)

(b) Period for Relief Procedures

Procedures listed with ● in the item numbers of (a)

Please carry out procedures within 14 days from the time it becomes possible (this is within two months for overseas residents; regarding (11), this is within 1 month for overseas residents).

Please note, however, that this is limited to within six months after the lapse of the prescribed period. (Regarding (10), this is within nine months after the lapse of the prescribed period; regarding (11), this is within two months after the lapse of the prescribed period; regarding (33) and (35), this is within seven months after the lapse of the prescribed period.)

Procedures listed with ○ in the item numbers of (a)

Please carry out procedures within two months from the time it becomes possible.

Please note, however, that this is limited to within one year after the lapse of the prescribed period. (Regarding (27) to (29) and (32), this is within six months after the lapse of the prescribed period.)

Procedures listed with ▲ in the item numbers of (a)

Please carry out procedures within two months after the lapse of the period during which applications claiming priority can be filed.

Procedures listed with ■ in the item numbers of (a)

Please carry out procedures as soon as it becomes possible. Please note, however, that this is limited to within six months after the lapse of the prescribed period.

[Last updated 28 April 2016]

Contact

Contact details for procedures

Procedure telephone consultation service for the Kumamoto Earthquake

Phone: +81-3-3581-1101 (extension 5000, 5100, 5200)

Service hours: 8:30 to 18:15 (except for Saturdays, Sundays, and Public Holidays) Contact form

E-mail:pa1100@jpo.go.jp

Contact details for this article

Official Services Management Section, General Coordination Division

Phone: +81-3-3581-1101 (extension 2104)

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Address:3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan