(Bailout measure) Handling of Procedures affected by Thailand catastrophic floods of the autumn 2011 and Turkey great earthquake of 23 October 2011

The following is information for the people who find it difficult to go through the prescribed procedures for patent, utility model, design or trademark applications etc. due to Thailand floods of the autumn 2011 and Turkey earthquake of 23 October 2011.

(1)Designated time limit

If you find it difficult to carry out the procedures for patent, utility model, design or trademark applications or trials pending at the JPO within the designated time limit due to the Thailand floods and the Turkey earthquake, please promptly contact the JPO through your patent administrator, as we consider the procedures to be valid.

(2)Legal Period

The period for carrying out the following procedures from (a) to (l) are provided by laws or cabinet orders. For those residents abroad who find it difficult to carry out the procedures within the prescribed period due to the Thailand floods and the Turkey earthquake, please carry them out through your patent administrator within two months from the time it becomes possible. Please note, however, that this is limited to within six months after the lapse of the prescribed period. (With regard to (l), this is within nine months after the lapse of the prescribed period.)

When the necessity is acknowledged, they shall be dealt with as effective procedures.

(a) Patent applications based on utility model registration [Art. 46bis (3) of the Patent Law]
(b) Late payment of annual patent fees [Art. 112bis of the Patent Law] [Art. 33bis of the Utility Model Law] [Art. 44bis of the Design Law]
(c) Request for trial against examiner's decision of refusal [Art. 121 (2) of the Patent Law] [Art. 46 (2) of the Design Law] [Art. 44 (2) of the Trademark Law]
(d) Request for retrial against final and binding trial decision [Art. 173 (2) of the Patent Law] [Art. 45 of the Utility Model Law] [Art. 58 (1) of the Design Law] [Art. 61 of the Trademark Law]
(e) Request for correction [Art. 14bis (6) of the Utility Model Law]
(f) Withdrawal of request for trial [Art. 39bis of the Utility Model Law]
(g) Request for return of fees [Art. 54bis of the Utility Model Law]
(h) Request for trial against examiner's decision of dismissal of amendment [Art. 47 (2) of the Design Law] [Art. 45 (2) of the Trademark Law]
(i) Request for renewal registration of duration of trademark rights [Art. 21 of the Trademark Law]
(j) Application for registering renewal of duration of rights based on defensive mark registration [Art. 65ter of the Trademark Law]
(k) Request for registration of reclassification [Art. 3 (3) of the Supplementary Provisions of the Trademark Law]
(l) Application for registering extension of duration of patent rights [Sec. 4 of the Patent Law Enforcement Order]

[Last updated 25 October 2011]

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International Affairs Division

General Affairs Section

Japan Patent Office

FAX:+81-3-3581-0762

E-mail:PA0800@jpo.go.jp

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