Don’t give up yet.
Even if you fear that your case’s filing deadline is past, or if it has been rejected by the JPO, we may be able to work with you to petition or even appeal for reinstatement (revival). Please contact us before abandoning the case!
The JPO can be very strict in its standards of the “Due Care” it expects applicants to have taken when they missed the deadline for filing. However, Keisen Associates believes that we can make good cases for many lapsed cases to be accepted, defending a more equitable and generous ruling based on parity with different patent offices’ policies (i.e. challenging the inequitable standards the JPO has for foreign agents, in light of international patent treaty law). We can appeal to the courts as well.
We are currently (as of summer 2018) handling three pending Petitions for Reinstatement before the JPO and one case in litigation before the Tokyo District Court.
Keisen Associates is a trans-national firm with deep experience in arguing cases before the Japan Patent Office. Our attorneys, agents, and other specialists are knowledgeable in both Japanese patent law as well as a broad range of disciplines, such as the mechanical, electrical, computer, chemical, and biological fields. Our technical team can prepare clear, precise, and standardized Japanese documents; review prepared Japanese documents; translate English and Japanese documents; support arbitration; give expert witness in Japanese law; and make expert witness referrals.
Please browse our Q&A and other articles and contact us at usmail@keisenassociates.com or call us at 215-701-6349 if you have any questions about a case you forgot to file in time in Japan. We would love to work with you to try to recover it.
Reinstatement-Related News / Information
Latest Summary of COVID-19 Responses by the Japan Patent Office and IP High Court
This is our latest update from April 21, 2023 (Japan time). We regularly check for substantial changes to JPO policy regarding COVID-19 and let you know here if there are such. The most recent major policy changes as far as…
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Asia, COVID-19, Government Policy, News, Reinstatement (after a Missed Deadline), Society and Culture, What's New
New Rule, April 2023: Reinstatement for Patent Applications to Meet “Unintentional” Instead of “Due Care” Standards
April 1, 2023 marks an important shift for those who might realize, with dread, that a key patent deadline in Japan has been missed. The standard for Reinstatement (Revival with a late filing) is softening from “Justifiable” to “Unintentional” Delay….
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30-month deadline, Allowance and Registration, English Language Applications, Filing Translation, Government Policy, IP News, Japan National Phase Entry, Language Translation, News, Ownership Rights and Licensing, Reinstatement (after a Missed Deadline), Request for Examination, What's New
Japan IP: Stricter Trademark Import Rules, Looser Late Filing Standards
In 2021, the Japanese Diet (parliament) passed various amendments to intellectual property law. Two major changes were made, and this month, Prime Minister Kishida’s Cabinet issued executive ordinances to implement the amendments. Here is a summary of the two major…
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30-month deadline, Allowance and Registration, Government Policy, IP News, Language Translation, News, Office Actions, Reinstatement (after a Missed Deadline), Representation (Power of Attorney), Request for Examination, Trademark Filing Requirements, Trademarks
JPO Announces Further Remedies for Filings Delayed Due to COVID-19
* Please see our up-to-date summary on the Japan Patent Office’s covid policies, including late filing remedies when COVID-19 caused a delay in filing. The Japan Patent Office (JPO) announced April 24, 2020 further remedies to allow applicants who were…
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COVID-19, IP News, Reinstatement (after a Missed Deadline), What's New
JPO Relief Measures for Missed Deadlines Due to COVID-19
Recently, clients have been asking us about reinstatement or other procedures to save cases that were delayed due to restrictions brought about by the novel coronavirus COVID-19. We want to share information on this pressing matter. As you may know,…
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Q&A: Reinstating Priority Right in a PCT Application Japanese National Phase
When Might the Japan Patent Office Reject a Recovered Priority Claim in a PCT Application? A client recently asked about reinstating (restoring priority right in a patent application, so we summarized some points below. When an applicant wants to file…
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Government Policy, Japan National Phase Entry, Patent, Reinstatement (after a Missed Deadline)
Strategy for Requesting Late Filing (Reinstatement) of a Patent Application in Japan
* Changes to the Patent Act of Japan, going into effect from April 1, 2023, make this article outdated for patent deadlines on or after that date. Please see our news article here for more information. When a patent application…
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30-month deadline, Government Policy, Japan National Phase Entry, Reinstatement (after a Missed Deadline)
Q&A: Due Care and Late Filing (Reinstatement) of an Application in Japan
* Changes to the Patent Act of Japan, going into effect from April 1, 2023, make this article outdated for patent deadlines on or after that date. Please see our news article here for more information. Is it possible to…
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30-month deadline, Government Policy, Japan National Phase Entry, Reinstatement (after a Missed Deadline)
Reinstatement of an Application in Japan after the Filing Deadline
* Changes to the Patent Act of Japan, going into effect from April 1, 2023, make this article outdated for patent deadlines on or after that date. Please see our news article here for more information. Is it possible to…
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30-month deadline, Government Policy, Japan National Phase Entry, Reinstatement (after a Missed Deadline)
due care, grace period, Japan, JPO, national phase, prove, reinstate