July 11, 2023

Because of coronavirus measures, for significant parts of 2020-2022, international mail delivery from Japan to foreign countries was suspended or extensively limited. At that time, the JPO lacked a measure for Service by Publication (in the JPO’s Gazette or other official JPO publications) when it was difficult or impossible to deliver documents to foreign entities. This issue has now been remedied.

The JPO announced that, from July 3, 2023, Service by Publication could be enacted if difficulties in delivering documents to overseas entities continue for a period of at least six months due to the suspension of international mail services by the Japan Post. However, part(s) of the content of the Service by Publication may be available only in Japanese. Notice would be given at the following URLs should Service by Publication be enacted in the future:

JPO’s URL:
https://www.jpo.go.jp/e/system/laws/koji/index.html
(JPO’s HP Home> Systems/Procedures> Laws and Policies> Service by Publication)

https://www.jpo.go.jp/system/laws/koji/index.html (in Japanese) 

If this rule were to be enacted, we note that procedures with the JPO must still be conducted through an agent having a domicile or residence in Japan (Japan Patent Act, Article 8).

For more details, please see the following URLs of the JPO:

Announcement:
https://www.jpo.go.jp/e/system/process/precautions-servicepub_intlmail.html

Introduction of Service by Publication Under International Mail Service Suspension:
https://www.jpo.go.jp/e/system/laws/sesaku/servicepub_intlmail/index.html

Service by Publication:
https://www.jpo.go.jp/e/system/laws/koji/index.html