![Japanese patent law amendment as of April 1, 2015 | ONDA TECHNO Intl. Patent Attys.[Japan Patent Firm] | Gifu City](/wp/wp-content/themes/standard_en/images/common/logo.svg){kind=logo}
![Japanese patent law amendment as of April 1, 2015 | ONDA TECHNO Intl. Patent Attys.[Japan Patent Firm] | Gifu City](/wp/wp-content/themes/standard_en/images/common/logo-sm.svg){kind=logo}
2015.02.13
Japanese patent law amendment as of April 1, 2015
1) The JPO will expand remedies for missed deadlines (Patent)
The following situation for remedies will be added as long as there is reasonable justification for the failure of deadline, such as a disaster on the applicant:
|
1
|
Missed priority deadline | The applicant may request reinstatement to file a Paris Convention application/PCT application past the 12 month priority claim deadline but within 14 months from the priority date if the filing date of the Japanese patent application/PCT application is on or after April 1, 2015. |
|
2
|
Missed a deadline for filing a request for examination. | If the deadline had not yet been missed on April 1, 2015, the applicant may file a request for reinstatement within 2 months from the date that the justification no longer exists and also within one year from the missed deadline. |
|
3
|
Missed a deadline for payment of registration fee (1st to 3rd year annuities) | The applicant may file a request for reinstatement within 2 months from the date that the justification no longer exists and also within six months from the missed deadline. |
|
4
|
Missed a deadline for submitting a certificate/document proving that the disclosure was made within one of the exceptions (grace period), which must be submitted within 30 days from the filing of the application. | |
|
5
|
Missed a deadline for filing priority documents. | |
|
6
|
Missed a deadline for filing a divisional application. | |
|
7
|
Missed a deadline for changing type of application. | |
|
8
|
Missed a deadline for filing a patent application based on a utility model registration. | |
|
9
|
Missed a deadline for filing an application of registration of extension of time. | |
| 10 | Missed a deadline for filing a request for refund of the registration fee, the request for examination fee, or over payment or erroneous payment. |
Although the above are added, there will be only a small chance that the JPO will accept the reinstatement. The reasonable justification could be a system error or a big natural disaster. A simple human error will not be accepted.
2) Establishment of patent opposition (Patent)
Patent opposition will be re-established in addition to invalidation procedure. Under this patent opposition, anyone can file a patent opposition within six months from the issued date of patent publication. The examination is based on filed paper documents and no oral examination will be required.
Patent opposition is available for patents that the issue date of the patent publication is on or after April 1, 2015, that is, the registration fee has been paid on or after March 2015.
Facebook 
LinkedIn
X
YouTube